Many Massachusetts residents assume that having a last will and testament is all they need to keep their families out of probate court. Unfortunately, that’s not the case. In fact, a will almost always ensures that your loved ones must go through the probate process.
If you’re a financial advisor or helping clients with long-term planning, it’s crucial to understand—and explain—what a will really does, what it doesn’t do, and how revocable trusts can be used to streamline the estate administration process.
In this article, we’ll walk through:
- What probate is (and why people want to avoid it)
- How a will functions during probate
- What kinds of assets do avoid probate
- Why revocable trusts are often a smarter solution
- How professionals can help clients make informed decisions
What Is Probate in Massachusetts?
Probate is the court-supervised legal process of administering someone’s estate after they pass away. This process includes proving the validity of the will (if there is one), identifying and valuing assets, paying off debts and taxes, and distributing what’s left to heirs or beneficiaries.
The Massachusetts Uniform Probate Code (MUPC) governs how this process works. Even in a relatively “simple” case, probate can take 6 to 12 months, involve multiple court filings, and cost thousands in legal fees.
That’s why so many people want to avoid probate—especially if they’ve heard stories from friends or family about how long and frustrating it can be.
What Does a Will Actually Do?
A last will and testament is an important document. It lets you:
- Name an executor (called a personal representative in Massachusetts)
- Decide who inherits your property
- Appoint guardians for minor children
- Leave instructions for distributing personal items
But a will doesn’t avoid probate. It does the opposite. It tells the probate court how to distribute your property.
In Massachusetts, if the only estate plan someone has is a will, that person’s estate must go through the probate process—regardless of how simple or clear-cut the will may be.
So What Actually Avoids Probate?
Only assets that pass outside of the will avoid probate. This includes:
- Jointly owned property with rights of survivorship
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Life insurance and retirement accounts with properly named beneficiaries
- Revocable living trusts
These assets pass directly to the beneficiary or joint owner without needing approval from the probate court.
That’s why simply having a will isn’t enough if your goal is to avoid court involvement.
Revocable Trust vs. Will: What’s the Difference?
A revocable living trust is one of the most effective tools for avoiding probate in Massachusetts. When you create a trust and transfer your assets into it during your lifetime, those assets are legally owned by the trust—not you personally.
After your death, the successor trustee can step in and distribute those assets according to your instructions—without involving the probate court.
Unlike a will, a trust:
- Keeps your affairs private (no public court filings)
- Speeds up administration
- Can be used for incapacity planning
- Avoids probate in multiple states if you own out-of-state property
That doesn’t mean a will is useless. It still plays an important role as a backup or “pour-over” document that captures anything you didn’t title in your trust. But it shouldn’t be the entire plan.
How Financial Professionals Can Help Clients Avoid Probate Surprises
If you’re a financial advisor or other trusted professional, you’ve probably encountered clients who mistakenly believe their will solves everything.
You can add tremendous value by:
- Helping clients identify non-probate assets
- Confirming beneficiary designations are up to date
- Referring them to an estate planning attorney for trust-based planning
- Educating them on the difference between controlling assets and avoiding court
If a client owns real estate, has children from a prior relationship, or simply wants to make life easier for their heirs, a revocable trust may be the right tool—and you can help start that conversation.
Take the Next Step
At Cote Law Group, we help Massachusetts families and their advisors build estate plans that actually work. We believe in clear education, smart planning, and avoiding unnecessary court involvement whenever possible.
If you’re a financial professional who’d like a second opinion on a client’s current estate plan—or just want to understand how trusts can fit into your planning conversations—we’d love to connect.
Contact us for a complimentary consultation, or share this article with a client who might benefit.
Disclaimer: This article is for informational purposes only and is not a substitute for legal advice. Every estate plan should be customized to fit the individual’s goals, family structure, and asset mix. To understand what’s right for you or your client, speak with a qualified estate planning attorney.