If someone you care about has passed away and left a will, getting that document officially recognized by the court is often the first real step in handling their estate. In Massachusetts, this means filing with the probate court not to challenge the will, but simply to start the legal process of carrying out what the person wanted. It’s not always complicated, but skipping steps or missing paperwork can cause delays, confusion, or even disputes down the line.

What does it mean to submit a will to probate court in Massachusetts?

Submitting a will doesn’t mean the court automatically approves it. It means you’re asking the court to review the document, confirm it’s valid under state law, and formally appoint someone (usually named in the will) to manage the estate. This person is called the executor. Without this step, banks, real estate offices, and other institutions won’t release assets even if the will seems clear.

When should you file the will?

Massachusetts law says the original will must be filed with the probate court in the county where the person lived even if you don’t plan to open a full estate case right away. You have 30 days after the death to do this. Filing the will on time keeps things above board and avoids questions later about whether the document was hidden or lost.

Who can submit the will?

Anyone who has the original will can and should file it. That’s usually the executor named in the will, but it could also be a family member, attorney, or even the person who found it. If you’re not sure whether you’re supposed to handle this, understanding the overall validation process can help clarify your role.

What documents do you need to include?

You’ll need the signed, original will copies usually aren’t accepted unless there’s a very good reason the original is missing. You’ll also fill out a Petition for Probate form (MPC 150), which asks for basic info like the deceased’s name, date of death, and names of heirs. A certified copy of the death certificate is required too. For a full list of what to bring or mail, check what documents are typically needed at the courthouse.

Where do you file it?

File at the Probate and Family Court in the county where the person lived at the time of death. Each county has its own courthouse for example, Middlesex County cases go to Cambridge or Lowell, while Suffolk County uses Boston. You can file in person, by mail, or sometimes online depending on the county. Call ahead or check the Massachusetts Probate and Family Court website for local rules.

What happens after you file?

The court clerk reviews your paperwork. If everything’s in order, they’ll schedule a hearing often just a quick administrative one where a judge decides whether to accept the will. The key thing the judge looks for is whether the will meets basic legal standards: Was it signed? Were there witnesses? Did the person seem mentally capable when they signed it? More on what judges look for before approving a will.

Common mistakes people make

  • Filing a copy instead of the original will (unless the court grants an exception)
  • Waiting longer than 30 days to file
  • Not listing all known heirs on the petition, even if they’re not getting anything
  • Assuming the will is “automatic” without court approval, institutions won’t act on it

What if there’s no will?

If you can’t find a will, or if the person never made one, you’ll follow a different process called “intestate” probate. The court still needs to be notified, and someone will need to ask to be appointed as administrator. The rules for who inherits are set by state law, not the deceased’s wishes.

Do you need a lawyer?

Not always. If the estate is small, the will is straightforward, and no one is objecting, many people handle this themselves. But if the will is messy, assets are complicated, or family members are arguing, talking to an attorney early can save time and stress. Even a short consultation can help you avoid missteps.

Next steps after filing

Once the court accepts the will, the executor gets “Letters Testamentary” a legal document that proves they have authority to act. From there, they can start notifying creditors, accessing accounts, paying bills, and eventually distributing what’s left to beneficiaries. You can read more about the full sequence of steps that usually follow after submission.

Quick checklist before you go to court:

  • ✅ Original signed will (not a copy)
  • ✅ Certified death certificate
  • ✅ Completed Petition for Probate (MPC 150)
  • ✅ List of heirs and beneficiaries (even if disinherited)
  • ✅ Filing fee (or request for waiver if eligible)
  • ✅ Filed within 30 days of death

If you’ve already submitted the will and the court has questions or if someone is challenging it that’s when things get more complex. But for most families, starting with a clean, timely filing sets the whole process on the right track.