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    Massachusetts guide

    What to do when someone dies in Massachusetts

    Massachusetts has its own estate tax: estates over $2 million must file a return, and a $99,600 credit applies to every estate, so there is no longer a cliff. Probate runs through the Probate and Family Court.

    Content updated: October 2026

    What's unique in Massachusetts

    State-specific rules that affect how an estate is handled here.

    Estate tax filing at $2 million

    Massachusetts requires an estate tax return when the gross estate exceeds $2 million. A $99,600 credit applies to every estate, so the old cliff no longer exists, but estates above $2 million can still owe tax.

    Probate and Family Court

    Massachusetts probate runs through the Probate and Family Court in the county where the deceased lived. Voluntary administration is available for small estates under $25,000.

    Elective share rights

    A surviving spouse in Massachusetts has a life estate in one-third of the real property owned during the marriage, plus rights to personal property. These rights are distinct from the will's provisions.

    State income tax and MSRB/MTRS

    Massachusetts has its own income tax. A final state return must be filed. If the deceased was a state employee (MSRB) or teacher (MTRS), survivor benefits need to be claimed separately.

    A glimpse at what Order covers in Massachusetts

    These are just a few of the Massachusetts-specific tasks Order surfaces automatically when you select your state.

    File for Massachusetts probate in Probate and Family CourtLegal & Estate

    Voluntary administration for personal property under $25,000 with no real estate. Full probate runs through the Probate and Family Court in the county where the deceased lived.

    Review Massachusetts elective share rightsLegal & Estate

    Surviving spouse has a life estate in one-third of all real property owned during the marriage — this applies even to property sold before death in some circumstances. Review before accepting the will's distribution.

    Review Massachusetts estate tax obligationsFinancial Affairs

    Estates over $2 million must file Form M-706 within nine months.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Massachusetts

    Massachusetts Probate & Family CourtFile probate in the county Probate and Family Court and obtain letters testamentaryMassachusetts Dept. of RevenueFile the state estate tax return and final state income tax returnMassachusetts RMVTransfer vehicle titles to heirs through the Registry of Motor VehiclesMassachusetts State Board of RetirementNotify the pension and apply for any survivor benefit for state employeesMassachusetts Dept. of Veterans ServicesAccess the MassVets Gold Star Parents and Surviving Spouses program and burial eligibility at Massachusetts Veterans Cemeteries in Agawam and Winchendon

    What families commonly miss in Massachusetts

    • Massachusetts families often assume an estate just over $2 million owes tax on the whole estate. That cliff ended in 2023: a $99,600 credit now applies to every estate, but estates over $2 million must still file Form M-706 within nine months.
    • Many Massachusetts families assume that filing a federal estate tax return — or concluding that none is required — resolves their state obligations too, but Massachusetts uses a separate form with its own nine-month deadline, and missing it triggers penalties regardless of what was filed federally.
    • Many Massachusetts families assume a small estate will qualify for voluntary administration — but the threshold is under $25,000 in personal property with no real estate, and even a single vehicle can push the estate into the full formal process.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Massachusetts.

    Military families in Massachusetts

    Massachusetts has additional veteran & survivor benefits

    • Apply for Massachusetts Veterans Property Tax Exemption (surviving spouse)
    • Contact MassVets Survivor Services
    • Contact Massachusetts Veterans Cemeteries

    Massachusetts-specific

    Start these Massachusetts-specific tasks in Order

    These tasks appear automatically in your checklist when you select Massachusetts as your state.

    File for Massachusetts probate in Probate and Family CourtLegal & Estate

    File in Probate and Family Court.

    Review Massachusetts elective share rightsLegal & Estate

    Surviving spouse entitled to one-third of personal and real property

    Transfer vehicle at Massachusetts RMVLegal & Estate

    Submit title transfer to Registry of Motor Vehicles

    Plus dozens more tasks added automatically for Massachusetts families.

    Order walks your family through every step, for Massachusetts and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home