Does a will avoid probate in Massachusetts?

No, a will does not avoid probate in Massachusetts. In fact, one of the primary purposes of probate is to validate a will and oversee the administration of the estate.

A will provides instructions regarding asset distribution, names a personal representative, and may designate guardians for minor children. However, assets controlled solely by a will generally pass through the probate process before they can be distributed to beneficiaries.

Certain assets may avoid probate for other reasons. For example, assets held in a properly funded trust, jointly owned property with rights of survivorship, and accounts with valid beneficiary designations may transfer outside of probate.

Many people mistakenly believe that having a will eliminates the need for probate. In reality, a will often serves as the roadmap for the probate process rather than a way to avoid it.

For individuals seeking to minimize probate involvement, trusts and coordinated beneficiary designations may be appropriate components of a broader estate plan.