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M.G.L. c. 190B, § 3-803(a) · checked 2026-10-20
How long probate takes in Massachusetts
The longest fixed wait in a Massachusetts probate is usually the creditor claim period: 12 months from the decedent's death under M.G.L. c. 190B, § 3-803(a). An estate cannot be closed safely before that window shuts.
- 1Claim period 12 months
- 2Counted from Date of death
- 3Outer limit None stated
- 4Statute M.G.L. c. 190B, § 3-803(a)
The statute
“commenced within 1 year after the date of death of the deceased”
Source: M.G.L. c. 190B, § 3-803(a). Last checked 2026-10-20.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Earliest voluntary administration (small estate) (30 days, M.G.L. c. 190B, § 3-1201) | February 14, 2026 |
| Creditor claim period ends (12 months, M.G.L. c. 190B, § 3-803(a)) | January 15, 2027 |
Because Massachusetts counts the claim period from the death itself, the date is fixed the day the person dies: January 15, 2027 in this example, whatever happens in court. By comparison the small-estate route — when the estate fits — opens on February 14, 2026.
12 months is the longest claim period among the 39 jurisdictions on this site.
Steps that add time
- Getting appointed. The claim clock in Massachusetts is already running from the death, so a late petition shortens the time left to deal with claims rather than extending it.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time.
- Real estate. Massachusetts's small-estate route does not take real property, so an estate with a house in the state generally goes through administration or another court step.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Opening the estate costs money too: see probate court fees in Massachusetts (Probate and Family Court fee table (mass.gov)).
Nearby New England timelines
Maine: 4 months; New Hampshire: 6 months; Rhode Island: 6 months.
Related: Massachusetts small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Massachusetts probate court and its clerk can confirm how the periods run in a given case.