Losing a loved one is one of the most difficult experiences a family can face. Unfortunately, the legal process that often follows a loss, known as probate, can add unnecessary stress, delay, and expense when families are unprepared. In Massachusetts, probate is governed by the Massachusetts Uniform Probate Code (MUPC), found at MGL Chapter 190B. Navigating it without guidance often leads to costly mistakes.
At the Heritage Law Center in Woburn, we work with families throughout the greater Boston area to establish estate plans designed to avoid probate. Below are the most common probate mistakes we see and what you can do now to avoid them.
What Is Probate in Massachusetts?
Probate is the court-supervised legal process through which a deceased person’s estate is administered. It involves validating the Will (if one exists), appointing a Personal Representative (Executor), inventorying assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries.
In Massachusetts, probate is handled through the Probate and Family Court in the county where the decedent lived. Depending on the size and complexity of the estate, probate can typically take anywhere from twelve months to several years.
Mistake #1: Dying Without a Will (Intestate Succession)
When someone dies without a valid Will in Massachusetts, they are said to have died intestate. The state’s intestate succession laws, not the person’s wishes, determine how assets are divided. This can produce outcomes families never intended, such as an ex-spouse’s children receiving assets meant for a current partner, or minor children inheriting assets outright at age 18 without any financial structure or protection.
Without a Will, Massachusetts law writes your estate plan for you, and it may not reflect what you actually want.
The fix? A properly drafted Will, ideally combined with a Revocable Living Trust, gives you control over how your assets are distributed, who manages your estate, and who cares for your minor children.
Mistake #2: Naming a Personal Representative Who Isn’t Prepared
The Personal Representative (called an Executor in many other states) has significant legal responsibilities: locating and inventorying assets, notifying creditors, filing final tax returns, and distributing the estate. Many families name a spouse or eldest child without considering whether that person has the capacity, time, or emotional bandwidth to serve during a period of grief.
A Personal Representative who fails to act promptly or makes errors in accounting and distribution can face personal liability under Massachusetts law.
The fix? Discuss the role in advance with the person you plan to name. Consider whether a professional fiduciary or Co-Personal Representatives would be appropriate given the complexity of your estate.
Mistake #3: Assuming a Will Avoids Probate
This is one of the most common misconceptions we encounter. A Will does not avoid probate; it must go through probate to be validated and given legal effect. The Will simply tells the court how you want your estate distributed.
Assets that can avoid probate include those held in a Revocable Living Trust, jointly owned assets with right of survivorship, accounts with designated beneficiaries (retirement accounts, life insurance, POD/TOD accounts), and assets held by a Trust.
A Will alone is often insufficient while a Revocable Living Trust is one of the most effective strategies to keep your estate out of probate court.
Mistake #4: Failing to Update Beneficiary Designations
Beneficiary designations on IRAs, 401(k)s, life insurance policies, and transfer-on-death accounts pass assets directly to the named individual bypassing your Will entirely. Many Massachusetts families discover too late that an ex-spouse, a deceased sibling, or even a minor child with no Trust structure is still named as the beneficiary.
A minor child named directly as a beneficiary cannot receive assets without court-supervised Guardianship of the property, which adds delay and expense.
The fix? Review all beneficiary designations annually and any time there is a major life event like marriage, divorce, birth of a child, or death of a previously named beneficiary.
Mistake #5: Not Accounting for the Massachusetts Estate Tax
Massachusetts has one of the lowest estate tax thresholds in the nation. Unlike the federal estate tax, which only applies to estates Over $15 million (as of 2026), Massachusetts imposes an estate tax on estates over $2 million. The tax applies to the entire taxable estate, not just the amount above the threshold.
This means a family home in the Boston suburbs combined with retirement savings and life insurance could easily trigger a Massachusetts estate tax bill that could have been reduced or eliminated with proper planning.
The fix? Work with an estate planning attorney to explore strategies such as Irrevocable Trusts, charitable giving, and annual gifting to reduce your taxable estate below the threshold or minimize the tax owed.
Mistake #6: Ignoring the Need for an Incapacity Plan
Probate only applies when someone dies, but what happens if you become incapacitated before you die? Without a Durable Power of Attorney and Medical Proxy in place, your family may need to petition the court for a Guardianship and/or conservatorship to manage your affairs. This is a more expensive and time-consuming process than creating those documents in advance.
In Massachusetts, a Medical Proxy allows you to designate someone to make medical decisions on your behalf. A Durable Power of Attorney allows someone to handle financial matters. Together, they form the core of an incapacity plan.
Mistake #7: Waiting Too Long to Act
Estate planning documents must be created while you have legal capacity. A Will or Trust executed under duress or when a person lacks testamentary capacity can be challenged and voided by the Probate Court. Many families wait until a health crisis to start the process only to find that it is too late to do so effectively.
Estate planning is not a response to illness or age. It is a proactive strategy that protects your family at every stage of life.
How the Heritage Law Center Can Help
At the Heritage Law Center, Attorney Matthew Karr helps Massachusetts families create estate plans designed to minimize probate exposure, reduce estate taxes, protect minor children, and ensure that assets pass to the right people at the right time.
We serve clients in Woburn, Boston, Middlesex County, Essex County, and throughout Massachusetts. Our flat-fee billing means you never have to hesitate to call us with questions.