P-326 Statement Starting Informal Probate and Appointing a 2025

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Whether an estate has to be probated depends on how the decedents (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.
A magistrate can issue an informal probate order as soon as 7 days after the decedents death.
Informal probate simplifies the process of probate by removing the step-by-step oversight of the probate court.
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.
Informal probate is for those estates where there is an original will, and the will is not being contested, nor are any of the heirs listed in the will being disputed.
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Probate proceedings can be informal or formal. Formal proceedings have more steps than informal proceedings. If a dispute over the will or appointing a personal representative is likely, formal proceedings give more oversight and finality than informal ones.
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.

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