How Much Does Probate Cost in Massachusetts?

By Matthew P. Albanese

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Estate Planning

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Last Modified on Sep 08, 2026

When a loved one passes away, families often don’t know what to expect in terms of the court process, timeline, and how much it is going to cost. Unfortunately, these questions are hard to answer because they depend on the size and complexity of the estate. When it comes to the expense, it is normal to be wondering, “How much does probate cost in Massachusetts?”

Massachusetts offers multiple different probate procedures, such as informal probate, formal probate, and voluntary administration. The cost varies between these different processes, as well as due to other factors. However, learning more about the overall costs can help you make informed choices throughout the probate case.

Costs Associated With a Probate Case

Some estimates put the cost of probate around three to eight percent of an estate’s total value. But this cost doesn’t just come from one fee. There are many different expenses that can come up during the probate case, including:

• The filing fee. When filing your probate case with the Massachusetts Probate and Family Court in your county, you are required to pay a small filing fee and surcharge. Before the surcharge, the filing fee is $375 for either formal or informal probate, and $100 for voluntary administration.
• Attorney fees. If you choose to work with a Massachusetts probate lawyer, this is an additional expense. Depending on the lawyer, they often charge based on hourly rates or a flat fee.
• Appraisals. Many estates have property that is difficult to value. Often, real estate, business interests, valuable personal property, or other assets are professionally evaluated in order to have accurate information before dividing property.
• Accounting services. Some larger or more financially complicated estates may require accountants or tax professionals to organize and administer the estate.
• Estate administration expenses. Probate administration includes maintaining property, paying bills, selling assets, and addressing creditor claims, which can all create additional costs.

Case-Specific Factors That Impact How Much Probate Costs

Every probate case is different, which impacts how expensive probate is. Several factors play a large role in determining the overall cost, including:

• Estate size
• Amount of estate assets
• The type of probate
• Whether there are outstanding debts and taxes that must be paid
• Whether the estate includes difficult-to-value assets such as real estate or business assets

Because many people do estimate the cost of probate based on an overall percentage of the estate’s value, the size of the estate is one of the most influential factors. Larger estates may result in higher attorney fees if you are working with a lawyer who uses a percentage-based payment model. Larger estates also involve more assets, and typically include high-value or complex assets.

Who Pays for Probate?

In Massachusetts, probate expenses are paid from the estate’s assets rather than directly by the beneficiaries or the personal representative of the estate. Expenses such as court fees, attorney fees, and other costs are typically paid out of the estate before assets are distributed to the beneficiaries. This is important to understand, because while you do not want to diminish the value of the estate, you should not be paying these expenses on your own.

Learn How a Massachusetts Probate Attorney from Albanese Law, LLC, Can Help

Albanese Law, LLC, was founded by Matthew P. Albanese, a committed probate attorney. He deeply understands Massachusetts’ probate laws and how to preserve the value of an estate during probate. Because of his deep knowledge in estate planning and probate administration, Matthew P. Albanese frequently lectures about estate planning for Massachusetts Continuing Legal Education (MCLE).

Attorney Matthew P. Albanese has been named a Massachusetts Super Lawyer for three years, and was also named Citizen of the Year by the Rotary Club of the Bridgewaters. However, awards and recognition do not guarantee future results. Selection criteria vary by organization.

FAQs

How Much Does an Estate Have to be Worth to Go Through Probate in Massachusetts?

There is no minimum threshold that an estate has to meet in order to go through probate. Even small estates are able to go through probate, though they often qualify for voluntary administration rather than formal or informal probate. If you have a small estate and you are not sure how the probate process applies, it is worth it to hire a probate lawyer who can offer guidance for your unique situation.

How Can You Avoid Probate After a Death in Massachusetts?

Yes, it is possible to avoid probate after death in Massachusetts, though this requires careful estate planning. Avoiding probate is done through transferring assets through different legal tools, such as trusts, jointly owned property, beneficiary designations, or payable-on-death or transfer-on-death accounts. These types of tools allow assets to transfer directly and potentially even automatically after death. A will alone is not enough to avoid probate.

How Long Do You Have to File Probate after a Death?

Massachusetts generally allows probate cases to be filed within three years of the person’s death. However, this limit does change depending on the type of probate you are looking to file. For example, a small, qualifying estate going through voluntary administration is not subject to this deadline. Regardless of the specific deadline, it is important not to assume that you have unlimited time, because delaying administration can create costly complications.

Is it Worth it to Hire a Probate Lawyer?

Yes, it is generally worth it to hire a probate lawyer, especially if the estate involves significant assets, real estate, creditor claims, tax questions, or other complex legal issues. A lawyer can help you make sure filings are completed correctly and explain the personal representative’s responsibilities. Their guidance can also help you reduce the risk of mistakes that may lead to disputes or negative financial consequences down the line.

Get in Touch With a Knowledgeable Massachusetts Probate Attorney

Probate costs in Massachusetts can vary substantially depending on the estate and the probate type. While court filing fees can be predictable, the attorney fees, property-related expenses, debts, and other costs can increase the total.

If you are responsible for administering an estate, understanding your obligations and available options can help you avoid unnecessary expenses. Contact Albanese Law, LLC, to speak with us about how we can help you throughout this process.

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