Detailed Answer
This answer explains, in plain language, how long it typically takes to get a will that was signed outside Massachusetts admitted to probate in a Massachusetts Probate and Family Court. It covers common scenarios, the steps the court usually requires, and factors that speed up or delay the process.
Which court handles the matter?
If the deceased was domiciled (lived) in Massachusetts at death, you file a petition to admit the will and to appoint a personal representative in the Probate and Family Court in the county where the decedent lived. If the decedent was domiciled in another state but owned real or tangible property in Massachusetts, you may need ancillary probate in Massachusetts for assets located here.
Is an out-of-state will treated differently?
Massachusetts generally admits a will executed in another state if it was valid where it was signed or if it meets Massachusetts execution rules. The courts follow the Uniform Probate Code principles that Massachusetts incorporated into its laws. See Mass. Gen. Laws ch. 190B (Uniform Probate Code) for the governing probate framework: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
Typical timeline (uncontested matters)
- Quick admissions (2–8 weeks): If you file with the original will, a certified death certificate, a complete petition, and the will is “self-proved” (contains a notarial affidavit signed by the witnesses), the registry can often process the petition in a matter of weeks. Self-proved wills reduce the need for witness testimony.
- Standard admissions (6–12 weeks): If the will is valid but not self-proved, the registry typically requires proof of execution from an attesting witness or a witness’s affidavit. Obtaining witness statements (especially if witnesses live out of state) and scheduling a brief court appearance or affidavit filing can extend the timeline to a few months.
- Ancillary probate: If the decedent was domiciled in another state and you only need probate in Massachusetts for Massachusetts property, the process can be shorter if the primary probate in the home state is already complete and you submit certified letters of administration or a certified copy of the domiciliary court order. Timeframes vary depending on how quickly you obtain and certify documents from the other state.
When the process takes longer (contested or complex matters)
If someone objects to the will, contests capacity, alleges improper execution, or claims undue influence, the case becomes contested. Contested probate matters can take many months to more than a year and may require discovery, hearings, and possibly a trial.
Key steps that determine timing
- Gather original will and original or certified death certificate.
- File a Petition for Probate and the required local forms with the Probate and Family Court (county registry).
- Serve or notify potential interested parties (spouses, heirs named in the will, and sometimes beneficiaries under intestacy rules). The court may require proof of service.
- Provide proof of the will’s execution: a self-proving affidavit, witness affidavits, or testimony.
- Wait for the court to issue an order admitting the will and appointing the personal representative (or to schedule a hearing if there are objections).
Practical timeline examples
These examples assume the petition is correctly filed and there are no disputes:
- Original out-of-state will, self-proved, all paperwork correct: 2–6 weeks to admit and issue letters.
- Original out-of-state will, not self-proved, witnesses available and cooperative: 6–12 weeks.
- Will is contested or witness unavailable: many months to 1+ years.
Where to find forms and local rules
Massachusetts Probate and Family Court maintains filing instructions and forms for admitting wills and appointing personal representatives. Local registry procedures and required forms vary by county. Start at the state court resource page: https://www.mass.gov/orgs/probate-and-family-court and the probate forms page: https://www.mass.gov/orgs/probate-and-family-court/forms.
When to consult an attorney
Consider hiring a probate attorney if:
- The will is not self-proved and witnesses are out of state or unavailable.
- There is a likely objection or dispute over the will.
- Ancillary probate is needed because the decedent’s domicile was outside Massachusetts.
- You need help preparing correct filings, notices, or obtaining certified documents from another state.
Even when matters seem straightforward, an attorney can often save weeks by preparing complete filings and coordinating interstate paperwork.
Statute reference
Massachusetts follows the Uniform Probate Code framework under Mass. Gen. Laws ch. 190B. For general probate procedure and rules governing admission of wills and appointment of personal representatives, see: Mass. Gen. Laws ch. 190B.
Disclaimer: I am not a lawyer. This is general information about Massachusetts probate and does not constitute legal advice. For advice about a specific case, consult a licensed Massachusetts attorney or the local Probate and Family Court.
Helpful Hints
- Bring the original will to the registry. Courts generally want the original, not a copy.
- Get a certified death certificate early; the registry requires it for filing.
- If possible, obtain a self-proving affidavit at the time the will was signed. That document speeds admission because it eliminates the need to track down witnesses.
- If witnesses live out-of-state, ask whether they can sign an affidavit or give testimony by affidavit or deposition—this can save travel and delay.
- Check the specific county Probate and Family Court website for local filing checklists and fee schedules.
- If the decedent lived in another state, obtain the domiciliary court’s certified orders or letters; those documents often simplify ancillary probate in Massachusetts.
- Keep a simple packet for the registry: petition, original will, death certificate, list of possible heirs/beneficiaries, and contact info for witnesses.
- When in doubt, call the registry clerk to confirm filing requirements before you go—clerks can clarify required forms and fees but cannot give legal advice.