Losing a loved one is always difficult, and handling their estate can add even more stress—especially if you’ve just learned that the property must go through probate. Many homeowners in Springfield, MA reach out to us because they’re unsure what probate is, how long it takes, or what they can and cannot do with the house during the process.
While our team buys houses in probate situations, this guide is here to help you understand the Massachusetts probate process itself, step-by-step. And whenever you need legal help, we strongly recommend contacting a local probate attorney in the Springfield area, such as:
- Springfield Probate and Family Court
- Bacon Wilson, P.C. (Springfield, MA)
- Surprenant & Beneski, P.C.
- The Law Offices of Kimberly Butler Rainen
If you decide that selling your home to a local cash buyer like Hampden Homebuyers isn’t the right fit for your situation — these firms handle probate cases every day and can guid you with confidence, no matter what you decide to do with the property.
What is Probate?
Probate is the legal process that confirms a person’s will (if they have one), identifies their assets, pays outstanding debts or taxes, and then distributes what’s left to heirs and beneficiaries according to Massachusetts law.
In Massachusetts, probate typically lasts at least 12 months because creditors have one full year from the date of death to file claims. Some estates take longer—especially if:
- There is a dispute over the will
- A family member contests the personal representative
- The estate includes unusual property or large debts
- There is no will (intestate estate)
If there is no will, the Massachusetts intestacy laws determine who inherits.
Does Every Estate Need Probate in Massachusetts?
Not every estate must go through probate. But probate is required when any of the following apply:
- You need to validate the will
- Property titled only in the decedent’s name—such as real estate, bank accounts, stocks, or vehicles—must be transferred
- The estate must pay creditors or taxes
- You need access to medical records or financial accounts
- The decedent did not name beneficiaries on certain accounts
- The family needs a court-appointed personal representative
If the decedent owned no real estate and only had personal property under $25,000, the estate may qualify for a simplified process (explained below).
Types of Probate in Massachusetts
Massachusetts offers three main types of probate, plus one simplified option.
1. Informal Probate (Most Common)
Informal probate is handled by a magistrate rather than a judge and involves no court hearings. It is typically the fastest and simplest option.
However, informal probate is not allowed when:
- The will is missing
- There is no official death certificate
- The heirs are unknown or cannot be located
- Any party objects to the will or the personal representative
- A judge must issue a decree
- A minor or incapacitated heir lacks legal representation
Families in Springfield, MA often choose informal probate when the will is clear and uncontested.
2. Formal Probate
Formal probate involves a judge and one or more court hearings. It is required when:
- The will has handwritten notes or missing pages
- A copy of the will is being submitted
- A creditor or public administrator files the petition
- A special personal representative is needed
- The will’s language is unclear
- Someone contests the will or the representative
- A minor or incapacitated party must be represented
Formal probate takes longer but gives the court greater oversight.
3. Late and Limited Formal Probate
If three years have passed since the date of death and no probate was opened, you may need this process.
It allows the court to:
- Admit the will
- Identify the heirs
- Appoint a personal representative
However, the personal representative cannot sell real estate. They can only confirm title.
Voluntary Administration (Simplified Probate)
Massachusetts allows a streamlined procedure if:
- The estate consists only of personal property,
- Total personal property is $25,000 or less,
- There is one motor vehicle or less, and
- The decedent did not own real estate solely in their name.
This is the quickest, least expensive method and is commonly used for small Springfield-area estates.
What Does the Massachusetts Probate Process Involve?
If the estate requires formal or informal probate, the personal representative will follow these steps:
1. File the Probate Petition
You must file the required forms and an official death certificate with the appropriate probate court (for Springfield residents, this is often the Hampden Division Probate and Family Court).
2. Notify Creditors
Massachusetts law requires notifying all known creditors.
Creditors then have one year to submit claims.
3. Notify Heirs and Beneficiaries
All interested parties—including heirs named in the will and statutory heirs—must be notified.
4. Identify and Secure Assets
The personal representative must locate, value, and safeguard all estate property:
- Real estate
- Bank accounts
- Stocks or bonds
- Personal belongings
- Vehicles
- Digital assets
5. Review and Pay Claims
Debt must be paid according to strict legal priorities.
If the estate does not have enough cash, assets—sometimes real estate—may need to be sold.
6. File Tax Returns
This may include federal estate taxes, Massachusetts estate taxes, and final income taxes.
7. Sell Assets (If Needed)
If the estate lacks liquidity to pay creditors, property may need to be sold.
8. Handle Disputes
This can include:
- Will challenges
- Disputes between heirs
- Creditor claim litigation
A probate attorney is essential in these situations.
9. Distribute Remaining Assets
Once debts and taxes are paid, the remainder is distributed according to the will or state law.
10. Close the Estate
A final accounting is submitted to the court, and the probate case is closed.
How Hampden Homebuyers Can Help During Probate
While only an attorney can provide legal guidance, many families in Springfield, MA contact us when:
- The home needs repairs
- The heirs live out of state
- They want to avoid paying utilities and taxes during a long probate
- They inherited a house they do not want to keep
- The estate needs cash to pay debts
We buy houses in probate as-is, meaning no cleaning, repairs, agents, or showings.
If the family decides that selling the property is the best move, and want to avoid many of the tasks listed above, we can provide a fair cash offer.
The probate process can feel confusing, especially when you’re grieving and trying to manage a home at the same time. Whether you choose to keep or sell the property, understanding the steps and timelines helps ease the stress.
If you decide that selling the probate property might be in your best interest and make think easier, Hampden Homebuyers is here to help you explore your options—without pressure, obligations, or fees. Give us a call today at (413) 248-7355
Click the link here, fill out the form and we’ll help you get started now.