A step-by-step guide for estate executors — from the first days after death through final distribution and court accounting.
Massachusetts Probate Court Printable No data saved
You do not have to do this alone. As executor you are personally responsible for the proper administration of the estate — but you are entitled to hire an attorney and pay the fees from estate assets. Most executors consult an attorney at least for the probate filing and accounting steps. Check items off as you complete them and bring this list to your consultation.
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Immediate Steps
First 1–7 days
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Obtain multiple certified copies of the death certificate Urgent
You will need 8–12 copies. Request them from the funeral home or town clerk. Banks, courts, and agencies all require originals.
Locate the original will and any codicils Urgent
Check safe deposit boxes, home safes, attorney files, and court records. The original — not a copy — is required for probate.
Notify immediate family and beneficiaries of the death
Secure and protect estate property Urgent
Change locks if needed, maintain insurance, and protect all real property and valuables. You are personally liable for any waste.
Cancel credit cards and notify Social Security Administration
Any Social Security payment for the month of death must be returned. Call 1-800-772-1213.
Forward mail to your address
Consult an estate attorney Recommended
Even if the estate seems simple, a consultation early on prevents costly mistakes. Attorney fees are paid from the estate.
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Probate Filing
Weeks 1–4
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Determine whether formal probate is required Legal
Small estates (under $25,000 with no real estate) may qualify for a simplified Voluntary Administration (MPC 250). Speak with an attorney.
File Petition for Formal Probate (MPC 160) at Essex and Middlesex County Probate and Family Courts Court Filing
File at the probate court in the county where the deceased was domiciled. For most North Shore clients this is Essex County in Salem.
File original will with the court
Pay probate filing fee Court Filing
Current Massachusetts probate filing fee is based on estate value. An attorney can confirm the current fee schedule.
Obtain surety bond (if required by the will or court) Legal
Many wills waive the bond requirement. If not waived, you must obtain a bond from a surety company before being appointed.
Receive Letters Testamentary from the court Court Order
This document is your legal authority to act on behalf of the estate. You will need certified copies for banks, brokers, and other institutions.
Publish notice to creditors in a local newspaper Required
Required under Massachusetts law. Creditors then have a limited time to file claims. Your attorney can arrange this.
Open an estate bank account Required
All estate income and expenses must flow through this account. Do not mix estate funds with personal funds.
3
Asset Inventory & Management
Months 1–3
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File Inventory (MPC 855) with the probate court Court Filing
Due within 3 months of appointment. Lists all probate assets and their fair market values as of the date of death.
Identify and collect all estate assets
Bank accounts, investment accounts, retirement accounts, real estate, vehicles, business interests, personal property.
Obtain professional appraisals for real estate and valuable personal property
Required for the inventory and for estate tax purposes. Use a certified appraiser for real estate.
Retitle or transfer assets into the estate account