# Probate Lawyer in Springfield, MA | Dunn & Phillips > Springfield probate lawyers for Hampden County estates: when probate is required, informal vs. formal, timelines, and the executor's duties. [Canonical page](https://www.dunnandphillips.com/practice/wills-estates/probate/) --- - [Home](https://www.dunnandphillips.com/) - [How We Help](https://www.dunnandphillips.com/practice/) - Probate & Estate Planning # Probate and Estate Administration in Hampden County When a probate case is needed, which track it takes, how long it runs, and what the personal representative has to do. From a Springfield firm that has guided executors since 1988. [Call (413) 787-9955](tel:+14137879955) [Request a consultation](https://www.dunnandphillips.com/contact/?practiceArea=Probate%20%26%20Estate%20Planning) Someone has died, there is a will in a drawer or there is not, and the bank will not talk to you. That is where a probate case begins for most families in Hampden County. Probate is the court process that gives a will legal force, appoints the person who will settle the estate, and clears title so the house, the accounts and everything else can pass to the people entitled to them. Dunn & Phillips has handled estates from its Springfield office since 1988. [Haley Daigneault](https://www.dunnandphillips.com/team/haley-daigneault/), Senior Paralegal, handles probate and estate planning matters here under attorney supervision, and the first conversation is free. ## When probate is required Massachusetts probate runs under the Massachusetts Uniform Probate Code. A case is required when the person who died held property in their own name alone that someone needs the authority to collect, sell or transfer: a bank account with no joint owner or named beneficiary, a house titled to the decedent alone, a car, a brokerage account, a claim the estate has against someone else. A will does not change that. A will is the instructions, not the exit. It tells the Probate and Family Court who inherits and who should serve as personal representative, the Massachusetts term for the executor, but the authority to act comes from the court's appointment, not from the document. Until the court issues it, the person named in the will generally cannot sell property, access accounts or pay debts on the estate's behalf. What passes outside probate is decided by how the property was titled, not by the will. A house held in joint tenancy with right of survivorship passes to the surviving owner. Life insurance and retirement accounts pass to the named beneficiary. Payable-on-death and transfer-on-death accounts pass to the named person. Assets held in a living trust pass under the trust. Two neighbors on the same street can have very different experiences: one family updated beneficiary forms and titles and barely saw the courthouse, the other left everything in a sole name and opened a full case. ## Informal and formal probate The Uniform Probate Code gives Hampden County estates two tracks. **Informal probate** is the lighter one. A magistrate reviews the petition without a hearing and, when the will is clear or there is no will, no one objects and the heirs are known, issues the appointment. Most estates in this county that need a case can use it, and it is the track we file first whenever the facts allow. **Formal probate** puts the case before a judge. It is required when the will is unclear or its validity is contested, when an heir cannot be located, when a prior will exists, or when a party wants the court to supervise the administration. It is slower and more expensive, and sometimes it is the only way through. An estate that starts informally can be moved to the formal track if a dispute surfaces later. **Voluntary administration** is a third, short-form procedure for a small estate with no real estate and personal property under a dollar ceiling the statute sets. It is a filing rather than a case. Whether an estate qualifies depends on the assets and how they are titled; bring us the list and we will tell you. ## The Hampden Probate and Family Court Hampden County estates are filed with the Hampden Probate and Family Court at 50 State Street in Springfield, a short drive from our Belmont Avenue office. The court handles the appointment, the inventory and accounts where they are required, and any dispute among the heirs. For most of our clients the case is in Hampden County; a decedent who lived in Northampton or Amherst files in Hampshire County instead, and we handle both. ## How long it takes Two clocks matter. The first is the appointment. When the papers are complete and the estate qualifies for the informal track, the appointment can issue within weeks of filing, and that is what lets the personal representative open an estate account, secure the house and deal with the bank. The second is closing the estate, and the floor on that is set by the creditor period: creditors have one year from the date of death to present claims, and a personal representative who distributes before that year runs takes on personal risk for any claim that arrives afterward. Many straightforward estates close in about a year. A will contest, a missing heir, a house that has to be sold, or an estate tax return extends that, sometimes by a great deal. There is also an outer limit on starting. A probate case generally has to be opened within three years of death; after that only a limited form of proceeding is available, which is one reason a will found in a drawer years later causes problems. If a relative died some time ago and the house is still in their name, call sooner rather than later. ## What the personal representative has to do Being named is an honor and a real responsibility. Once appointed, the personal representative must identify and protect the assets, from bank accounts and investments to real estate and personal property; notify creditors and pay valid debts, including final bills and taxes, in the order the law requires; file the decedent's final income tax return and, where applicable, estate tax returns; keep careful records of everything received and paid out; and distribute what remains to the beneficiaries and provide an accounting. The duties that catch people off guard are the ones that create personal liability: paying the wrong people first, distributing before debts and taxes are settled, or failing to keep records. Our post on [what an executor actually does](https://www.dunnandphillips.com/blog/what-an-executor-does/) walks through the role, and the free [Massachusetts Executor's Probate Checklist](https://www.dunnandphillips.com/downloads/dunn-phillips-executor-probate-checklist.pdf) lays out every filing and deadline stage by stage in one PDF. Most personal representatives are not lawyers or accountants and are not expected to be; working with counsel through the case keeps the filings correct and on schedule and lets you focus on your family. ## What it costs That depends on the track the estate takes and how much work it needs, and we would rather quote your estate than a typical one. Contact us with the will, a list of the accounts and how each is titled, and the deed to any real estate. We will tell you which path fits, what the process looks like and what it will cost, before you spend a filing fee. ## Talk to us about an estate Bring the will, the death certificate if you have it, a list of the accounts and how they are titled, and any deed. We will tell you whether a case is needed, which track it takes and what comes next. The first conversation is free. **Springfield:** 185 Belmont Avenue, Springfield, MA 01108 **Phone:** (413) 787-9955 Last reviewed October 2026. Free worksheet - PDF ## Get the Massachusetts Executor's Probate Checklist A stage-by-stage guide to settling an estate in Massachusetts: every filing and deadline, in one PDF worksheet. From a firm that guides executors every week. [Download the worksheet (PDF)](https://www.dunnandphillips.com/downloads/dunn-phillips-executor-probate-checklist.pdf) Saves to your device as a fillable PDF you can complete or print. It is free: no email required. Using this does not make us your attorneys. It is general information, not legal advice. [From our Insights Do You Even Need Probate in Massachusetts If There's a Will? A will does not skip probate; it directs it. Whether your family needs a full probate in Massachusetts depends less on the will and more on how the property was titled. Here are the lighter paths and what passes outside court.](https://www.dunnandphillips.com/blog/do-i-need-probate/)[From our Insights What Does an Executor Actually Do in Massachusetts? Being named to settle a loved one's estate is an honor and a real responsibility. Here is what the role, called a personal representative in Massachusetts, involves.](https://www.dunnandphillips.com/blog/what-an-executor-does/) Talk to us Bring your deed and any paperwork. We will tell you what your ownership actually is and what your options are. [(413) 787-9955](tel:+14137879955) [Request a consultation](https://www.dunnandphillips.com/contact/?practiceArea=Probate%20%26%20Estate%20Planning) Questions ## Probate FAQs Does a will avoid probate in Massachusetts?No. A will tells the court who gets what; it does not skip the court. Probate is the process that gives the will legal force, appoints the person who settles the estate, and clears title so property can pass. Assets held in the decedent's name alone need a case to move them, will or no will. What is the difference between informal and formal probate?Informal probate is the lighter track, handled by a magistrate without a hearing, for an estate with a clear will, or no will, and no dispute. Formal probate puts the case before a judge, and is needed when the will is unclear or contested, an heir is missing, or a party wants a court-supervised administration. Many estates can start informally and move to formal if a dispute arises. How long does probate take in Hampden County?An informal appointment can issue within weeks of filing when the papers are in order. Closing the estate takes longer, because creditors have one year from the date of death to present claims, and a personal representative who distributes earlier takes on personal risk. Many straightforward estates close in about a year; a contested will, a missing heir, real estate that has to be sold, or an estate tax return extends that. What does the personal representative have to do?Identify and protect the assets, notify creditors and pay valid debts in the order the law requires, file the decedent's final income tax return and any estate tax returns, keep careful records of everything received and paid out, and distribute what remains to the beneficiaries with an accounting. The personal representative is personally accountable for doing this properly. Is there a way to settle a small estate without a full probate?Sometimes. Massachusetts offers voluntary administration, a short-form procedure for an estate with no real estate whose personal property is under a dollar ceiling set by statute. Whether an estate qualifies depends on what it holds and how it is titled, and the ceiling is a statutory figure that changes, so bring us the list of assets and we will tell you whether this path fits. What does probate cost?It depends on the track the estate takes and how much work it needs, and we would rather quote your estate than a typical one. Contact us with the will, a list of the accounts and how they are titled, and any deed, and we will tell you what the process looks like and what it will cost before you spend a filing fee. These answers are general information, not legal advice, and do not create an attorney-client relationship. More on probate & estate planning [Forcing a sale](https://www.dunnandphillips.com/practice/wills-estates/force-sale-jointly-owned-property-massachusetts/) Next step ## Talk it through with someone who handles these The first conversation is free and with a real member of our team. [Call (413) 787-9955](tel:+14137879955) [Request a consultation](https://www.dunnandphillips.com/contact/?practiceArea=Probate%20%26%20Estate%20Planning) This page is general information only, not legal advice for any specific situation, and reading it does not create an attorney–client relationship. Every matter depends on its own facts; for advice on your particular circumstances, talk to a licensed attorney. Published by Dunn & Phillips, P.C., 185 Belmont Avenue, Springfield, MA 01108. Responsible attorney: Cornelius W. Phillips, III.