Do I Need a Lawyer for Probate in Massachusetts?

Kristine Romano • June 11, 2025

Navigating the Loss of a Loved One with a Probate Attorney

When a loved one passes away, the legal process that follows—known as probate—can feel overwhelming. Many families in Massachusetts ask, “Do I really need a lawyer for probate?” The short answer is: not always. But in many situations, working with a trusted probate law firm can make the process smoother, faster, and less stressful for everyone involved.


At Kristine Romano Law, we understand that losing a loved one is difficult enough without having to navigate complicated court procedures. Whether you're an executor trying to fulfill your duties or a family member wondering what steps to take, here's what you need to know.


What Is Probate and When Is It Required?


Probate is the court-supervised process of transferring someone’s assets after they pass away. In Massachusetts, probate is typically required if the deceased person (also called the "decedent") owned property solely in their name without a joint owner or named beneficiary.


Here are common reasons why probate might be necessary:

  • Validating a will
  • Transferring real estate or financial accounts
  • Paying off debts or taxes
  • Accessing the decedent’s medical records
  • Identifying legal heirs


However, not all property goes through probate. For example, jointly owned assets with rights of survivorship, life insurance with a named beneficiary, or property held in a trust often pass outside the probate process.


Can You Handle Probate Without a Lawyer?


Yes, you can go through probate without legal representation. The Massachusetts court system offers resources for individuals who want to represent themselves. However, it's important to understand that the court holds everyone—lawyers and non-lawyers alike—to the same legal standards. Legal requirements for probate mean that:


  • All forms must be completed accurately
  • Deadlines must be met
  • You must understand the legal and tax implications of each step
  • Mistakes can cause delays, lead to disputes, or even result in personal liability for the executor


For small, uncomplicated estates with few assets and no disagreements among heirs, self-representation might be possible. But for many families, especially those managing high-value assets or navigating unclear estate plans, having an experienced probate law firm on your side can provide peace of mind and help you avoid costly errors.


How a Probate Lawyer Helps in Massachusetts


A probate attorney helps guide families through the legal process, making sure all requirements are met and that the estate is settled properly. At Kristine Romano Law, our team supports clients with services such as:


  • Filing the will with the appropriate probate court
  • Petitioning for the appointment of a personal representative (executor)
  • Valuing and distributing estate assets
  • Addressing debts and tax obligations
  • Resolving disputes between heirs
  • Handling out-of-state property or multiple jurisdictions


Massachusetts has its own probate laws and deadlines that are different in other states. For example, generally an estate has to be probated within three years of when the decedent died; however, this deadline doesn't apply in certain cases. Understanding what applies in your situation can be challenging without legal help.


When It’s Best to Hire a Probate Law Firm


You should strongly consider working with a probate attorney in situations such as:


  • The estate is large or complex – High-value estates often involve tax planning, real estate, business interests, and multiple heirs.
  • There are disagreements among family members – A contested will or unclear estate plan can lead to disputes. A lawyer helps resolve these efficiently.
  • You’re unfamiliar with legal procedures – Probate involves strict timelines and responsibilities. An attorney helps ensure nothing is overlooked.
  • You live out of state – If you’re serving as the executor but don’t live in Massachusetts, having a local lawyer is invaluable.
  • You want to avoid mistakes – Errors can cause delays or expose you to personal liability.


Real Experiences from Families We've Helped


At Kristine Romano Law, our clients often come to us feeling overwhelmed. But as many of them share in their own words, the support we provide makes a difference:


“Attorney Romano demonstrated exceptional proficiency in managing my father’s will. Her clear communication and professionalism made everything stress-free.”


Our probate team takes pride in being responsive, compassionate, and thorough. We walk with you every step of the way, turning legal confusion into clarity.


Protecting Executors and Heirs


Being named as the executor of an estate is a legal responsibility. You’re expected to act in the best interests of the estate and its beneficiaries. Mistakes—such as missing deadlines, failing to notify heirs, or mismanaging funds—can lead to serious consequences.


A probate lawyer helps protect you from these risks by:

  • Making sure filings and notices are done correctly
  • Keeping you informed of deadlines and requirements
  • Handling communication with the court and creditors
  • Guiding you in distributing assets fairly and legally


For beneficiaries, legal representation ensures that their inheritance is handled properly and that any concerns they have are addressed professionally.


Can Probate Be Avoided?

In some cases, probate can be bypassed through estate planning strategies. Assets held in a revocable living trust, payable-on-death accounts, or jointly owned property typically do not require probate. A probate attorney can also assist in structuring an estate plan to minimize court involvement, reducing legal fees and delays.  For families currently going through probate, a probate attorney can help expedite the process, ensuring that legal obligations are met without unnecessary complications.


Speak with Our Probate Law Firm for Clear Guidance


Probate can be confusing and emotionally draining—but it doesn’t have to be. If you're unsure about the next steps or want guidance from a compassionate and experienced probate law firm, Kristine Romano Law is here to help. Whether you're in the early stages of probate or planning ahead for your family’s future, reach out to schedule a consultation. We’re ready to walk you through every step of the journey.


Reference: MetLife (Apr 05, 2023) “What Is a Probate Lawyer and When You May Want to Hire One”

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