Can you arrange inheritances to avoid probate in Massachusetts?

Short answer: Some assets can pass outside probate in Massachusetts if you use beneficiary designations, payable-on-death accounts, joint ownership with rights of survivorship, transfers-on-death where allowed, and properly funded revocable trusts. A will does not by itself avoid probate — it directs how probate should distribute assets that remain in your estate.

Disclaimer: This is general information and not legal advice. For advice about your situation, consult a licensed Massachusetts attorney.

Detailed answer: how wills and beneficiary designations work under Massachusetts law

What probate is: Probate is the court process that validates a will (if there is one), identifies and gathers a decedents assets, pays debts and taxes, and distributes remaining property to heirs or beneficiaries. Massachusetts uses the Probate and Family Court to handle these matters (see the court’s information page: Massachusetts Probate & Family Court).

Wills: A will controls how property titled in your individual name is distributed at death, but a will must go through probate to be effective for most assets. The Massachusetts probate statutes and rules that govern wills and estate administration are codified in the Massachusetts General Laws and probate rules (see Chapter 190B on the Uniform Probate Code: Mass. Gen. Laws ch. 190B).

Assets that typically pass outside probate:

• Life insurance and retirement accounts (IRAs, 401(k)s, pensions) that have named beneficiaries. The beneficiary designation contract controls payout, and the proceeds usually pass directly to the named beneficiary without probate.
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) bank accounts and brokerage accounts where a beneficiary is named. These payable-on-death arrangements let the account owner name a beneficiary who receives the funds without probate.
• Property held in joint tenancy with right of survivorship. When one owner dies, ownership typically passes automatically to the surviving joint owner without probate (but this has other legal and tax consequences).
• Assets owned by or held in a properly funded revocable living trust. If assets are titled in the name of the trust during the owners lifetime, the trust can distribute them without probate according to the trust terms.
• In some limited contexts, transfer-on-death registration for certain securities or vehicles may be available; check with your financial institution or attorney about options in Massachusetts.

What a will cannot do: A will cannot override a valid beneficiary designation or change the beneficiary of a life insurance policy or retirement account. If an asset has a named beneficiary, that designation usually controls whether or not the asset passes by probate.

How to use these tools together to reduce probate:

• Keep beneficiary designations current on life insurance, IRAs, 401(k)s, and other payable-to-beneficiary accounts. These instruments typically pass outside probate and will not be governed by your will.
• Use POD/TOD registrations for bank and brokerage accounts where available. Ask your bank how to name a beneficiary and whether Massachusetts law or the banks policies impose limits.
• Retitle assets you want to avoid probate into joint tenancy or into a revocable trust. Joint ownership transfers at death; a revocable trust transfers according to the trust instrument without probate if you retitle the asset into the trust while alive.
• Keep a will as a safety net. A distribution or “pour-over” will can direct any assets not retitled into your trust to be transferred into the trust at probate, simplifying administration.

Common Massachusetts-specific notes

– Massachusetts recognizes the need to follow beneficiary designations and ownership forms. The general probate framework and rules that govern will validity and estate administration are found in the Massachusetts General Laws and Probate Court practice (see Mass. Gen. Laws ch. 190B and the Probate & Family Court site: https://www.mass.gov/orgs/probate-and-family-court).

– Some tools commonly used to avoid probate nationwide (for example, beneficiary deeds for real estate) depend on state-specific rules and may be limited or implemented differently in Massachusetts. Ask a Massachusetts attorney about transfer-on-death options for real estate and vehicles.

Practical example (hypothetical)

Married couple A and B want their surviving spouse and their two adult children to get specific assets without lengthy probate. They can:

• Name the spouse and/or children as beneficiaries on retirement accounts and life insurance policies.
• Set up POD bank accounts for emergency funds to go directly to the surviving spouse.
• Retitle their jointly owned vacation home into a revocable trust and put the trust beneficiaries (spouse, then children) in the trust document.
• Keep a will that pours over any assets inadvertently left outside the trust into the trust.

If they do this, many assets will transfer outside probate. Assets they accidentally leave in their individual names may still go through probate under the will.

Important pitfalls and what to watch for

• Outdated beneficiary designations override your will. Marriage, divorce, births, and deaths often require you to update designations.
• Joint ownership can expose an asset to your co-owners creditors or give the co-owner control during your life. Joint ownership is not always the best tool for estate planning.
• Funding a trust is essential. Creating a trust but failing to retitle assets into it means those assets may still go through probate.
• Beneficiary designations do not name a guardian for minor children. A will is the usual place to name a guardian for minor children.
• Some creditors or taxes can still affect assets that pass outside probate. The actual administration and creditor claims depend on the whole estate picture and applicable law.

Next steps you can take now

1. Make an inventory of all assets and how each is titled.
2. Review and update beneficiary forms for insurance, retirement plans, and payable-on-death accounts.
3. Decide whether a revocable living trust makes sense to hold real estate and other assets you want to keep out of probate.
4. Keep a simple will as a backstop and to name guardians if you have minor children.
5. Talk with a Massachusetts probate or estate planning attorney to confirm documents are valid and properly executed under Massachusetts law.

Helpful hints

• Periodically check beneficiary forms after major life events (marriage, divorce, birth, death).
• Confirm account titles with banks and brokers—ask for written confirmation of POD or TOD designations.
• Dont rely on verbal promises: finish paperwork and keep copies of beneficiary forms and trust documents in a safe place.
• Update beneficiaries before making a will; beneficiary designations typically override a will for that asset.
• Understand that avoiding probate is only part of estate planning—consider taxes, creditor protection, and incapacity planning (powers of attorney, health care proxies).
• Work with a Massachusetts attorney for complex estates, blended families, or large assets to avoid unintended consequences.

If you want to read more about Massachusetts probate procedures and wills, start with the Probate & Family Court resources: https://www.mass.gov/orgs/probate-and-family-court, and the Massachusetts General Laws on probate: Mass. Gen. Laws ch. 190B.

Final note: This information is educational and does not constitute legal advice. Estate planning and probate have important legal consequences that vary by circumstance. Consult a licensed Massachusetts attorney to design and implement a plan tailored to your family and assets.