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Probate assets can include: Real estate and vehicles. Titled assets owned solely by the deceased person will be part of the probate process.

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.

Despite the difficulties, not all estates require probate. The need for probate is determined by various factors, including the type of assets owned by the deceased and how they are titled, whether there are joint owners or beneficiaries, and the value of the assets.

In Massachusetts, estates worth less than $25,000 may not be subject to full probate. In fact, there are two official processes by which small estates can go through an expedited form of probate: Voluntary administration and summary administration.

Massachusetts probate law requires any asset that is owned by the decedent at the time of their death to go through the probate process to change ownership. However, assets that are jointly owned with rights of survivorship, titled in a trust, or have a beneficiary designation will not need to go through probate.

The Appointment of a Personal Representative An Informal Petition may be submitted to the Court for review and consideration after giving just seven (7) days advance notice to the interested parties. Unlike the informal procedure, a Petition for Formal Probate is filed with the Court prior to giving notice.

However, formal probate requires every step of the transaction to be approved by the court and can take years to settle. On the other hand, informal probate happens much faster for the benefit of all parties as it does not require extensive court involvement.

Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.

How to Avoid Probate in Massachusetts Forming a Trust. A trust allows a third party – the trustee – to hold assets on behalf of beneficiaries. Joint Tenancy. Making Property Automatically Transfer on Death. Using Pay on Death (POD) Bank Accounts. Setting Up a Life Estate for Real Estate.