What to Do When Someone Dies in Massachusetts

Massachusetts offers a relatively efficient probate process for straightforward estates, paired with one of the more significant state estate tax considerations in the country.

How do I get a death certificate in Massachusetts?

Certified death certificates in Massachusetts are issued through the Massachusetts Registry of Vital Records and Statistics, or often through the local city or town clerk. The funeral home typically handles ordering these on your behalf.

What is “informal probate” in Massachusetts?

Massachusetts adopted the Uniform Probate Code, which allows many straightforward, uncontested estates to go through an informal probate process - generally faster than a formal probate proceeding requiring more court involvement. This benefits many families with a valid, uncontested will and no significant disputes.

Why is Massachusetts’s estate tax considered notable?

This is worth taking seriously even for moderately sized estates: Massachusetts’s state estate tax exemption is $2 million - considerably lower than the federal exemption, meaning some estates owing no federal estate tax may still owe Massachusetts estate tax. Unlike New York, Massachusetts’s tax no longer has a “cliff” - a 2023 law reform raised the exemption from $1 million and eliminated that feature, so only the amount above $2 million is taxed, not the entire estate, with rates ranging from about 7.2% to 16%. This is genuinely worth discussing with an estate attorney, even for estates that might not seem large enough to worry about at the federal level.

Is there a simplified process for small estates?

Yes - Massachusetts offers a voluntary administration process for smaller qualifying estates, allowing simplified handling without full formal administration.

Where can I get help?

• Massachusetts Registry of Vital Records and Statistics for death certificate questions
• The Probate and Family Court in the relevant county for probate questions
• Massachusetts Bar Association for attorney referrals, including estate and probate specialists

Massachusetts law can change, and specific tax exemptions are adjusted periodically. This is general educational information, not legal or tax advice — please consult a Massachusetts-licensed attorney for guidance specific to your situation.