Massachusetts Probate & Trust Administration Attorneys

After the death of a loved one, executors, personal representatives, and trustees often need to make important financial and legal decisions while grieving. O’Connell Law helps Massachusetts families understand the probate process, administer trusts, and carry out estate settlement duties with compassion and practical guidance.

If you are looking for a probate attorney Massachusetts families can turn to for clear next steps, our team can help you understand what must be filed, who must be notified, how assets and debts are handled, and when a trustee or personal representative should ask for legal support.

Probate Services

If your loved one didn’t have an estate plan, including a last will and testament and a trust, in place at the time of their passing then you may currently find yourself in the long and often frustrating process known as “probate.”

We’re here to help you with every aspect of probating your loved one’s estate, including helping you with:

Gathering all property from the estate and assessing its value
Collecting all investment income such as dividends, stocks, etc.
Determining payment methods for all claims, debts, and taxes against the estate
Preparing estate tax returns
Distributing property to beneficiaries and heirs
Filing documentation with the court

We understand what you are going through during this difficult time, and our probate attorneys will guide you through the probate process compassionately and efficiently, so you can focus on what’s most important….coming to terms with your loss.

Trust Administration

Our trust attorneys bring years of trust administration service expertise to any client engagement. We’re ready to support you as you make decisions related to the role of a trustee, including reviewing a memorandum of trust when institutions need proof of authority.

We assist with:

Any necessary court filings
Filing with the State taxing authorities and the IRS
Notifying certain individuals in accordance with the law
Opening bank accounts
Settling creditor claims
Paying final expenses
Arranging for the sale of assets
And more—all while making sure that proper accounting is maintained throughout the process and provided to your trust’s beneficiaries.

We can also work closely with your existing personal representatives and advisors to ensure the directives of the living trust are carried out thoroughly and expeditiously.

Understanding Probate in Massachusetts

Probate is the court-supervised process of administering a deceased person’s estate under the Massachusetts Uniform Probate Code (MUPC). When someone passes away without a trust — or with assets solely in their individual name — the Probate and Family Court oversees the distribution of their property, payment of debts, and resolution of any disputes. There are three types of probate in Massachusetts: informal probate (streamlined, for uncontested estates), formal probate (court-supervised, for complex or contested estates), and voluntary administration (simplified process for small estates under a certain value threshold).

The Probate Process Step by Step

1. File a petition with the Probate and Family Court along with the original death certificate and will (if one exists). 2. The court appoints a personal representative (also called an executor). 3. The personal representative notifies all heirs, beneficiaries, and creditors of the proceedings. 4. An inventory of all estate assets is prepared and filed, including real estate, bank accounts, investments, and personal property. 5. Valid debts, final medical bills, funeral expenses, and administrative costs are paid from estate funds. 6. Remaining assets are distributed to the beneficiaries according to the will or Massachusetts intestacy law. 7. A final accounting is filed with the court to close the estate.

Responsibilities of an Executor (Personal Representative)

The executor or personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Key responsibilities include gathering and securing all estate assets, filing the will with the Probate and Family Court, notifying creditors and settling valid debts, preparing and filing Massachusetts estate tax returns (required for estates exceeding the $2 million threshold), filing the decedent’s final income tax return, and distributing assets to the named beneficiaries. Executors who are unsure of their obligations under Massachusetts law should seek legal guidance to avoid personal liability for mistakes.

Trust Administration vs. Probate: Key Differences

Unlike probate, trust administration is generally a private process that does not require ongoing court supervision. The trustee named in the trust document manages and distributes assets according to the terms the grantor established. However, trustees still have formal duties: inventorying trust assets, paying any debts and taxes owed by the trust, filing required tax returns, and distributing assets to beneficiaries. Trust administration can often be completed more quickly and with less public exposure than probate. In some cases, both probate and trust administration may be needed if the decedent had assets both inside and outside the trust.

When to Hire a Massachusetts Probate and Trust Attorney

While some straightforward estates can be administered without legal assistance, certain situations strongly call for professional guidance: the estate includes real property in multiple states, the will is contested or family disputes arise, the estate exceeds the Massachusetts estate tax threshold ($2 million in 2026), the decedent had a blended family or complex beneficiary arrangements, or the executor or trustee is uncertain about their fiduciary obligations. An experienced probate attorney ensures compliance with court deadlines, tax filings, and notice requirements, reducing the risk of personal liability and costly delays.

Contact our team to discuss your specific situation.

How Can
We Help You
Today?

If you are currently faced with the prospect of probating an estate or administering a trust, we’re here for you. Contact our team today to discuss your situation. You are not alone during this difficult time. We’re here to help you every step of the way.

Ready to see how we can help?