Q: Can we file informal probate in MA for a mother's estate without a will, or is formal probate required?

A: First, I am very sorry top hear about your loss. You can file informally to get someone appointed to handle the estate. Since there is real estate involved and no will, the personal representative may need to get a license to sell when it comes to sell the real estate, but this can be handled as part of the informal probate process. You can file to be named as co-Personal Representatives (Executors) and you may want to have all the interested parties assent to your request to be appointed to help move things along. It sounds like everyone is on the same page, and that will help make things during what can be an emotional time.

A: Yes, you may be able to proceed with informal probate in Massachusetts even though your mother passed away without a will. The informal process is available for intestate estates—as long as the requirements under Massachusetts law are met. Since all heirs are known, in agreement, and there are no disputes or significant debts, this situation generally qualifies for informal probate. One of the key factors is that no party is contesting the estate and the petition can be filed with the necessary supporting documents.

You and your brother can serve as co-personal representatives, but you must file a formal request through the Massachusetts Uniform Probate Code’s informal process. If accepted, the probate register—not a judge—will issue the authorization to administer the estate. The house and car can then be distributed according to intestate succession laws, typically split evenly among the children. If everything is uncontested, a judge’s involvement is not required unless complications arise.

However, if any errors are found in the paperwork, or if disagreements later surface among heirs, the court may convert the case to formal probate. For now, as long as all heirs remain cooperative and the estate is straightforward, informal probate is a valid and efficient path forward. Just be meticulous with documentation and follow the correct notice procedures. You’re doing this together—and that unity can make the process far smoother.