Legal Question in Wills and Trusts in Massachusetts

Your indiviudal checking and savings accounts would go through Probate. Assuming you have designated your Spouse as the beneficiary on the 401K and IRA accounts, these would not go through probate.

You could create a revocable trust to hold savings accounts and brokerage accounts (not IRA or 401K accounts) and those items would not be probated.

Probate is not that complicated or long a process. But if there is a real concern here you should consult an attorney for a more detailed review of assets and suggestions for dealing with specific issues.

If the total value of your probate estate (money in your account, and a car if you have one) is under $15,000.00 then the probate process is simplified. But it could still be a month or two after the other person's death before you had access to those accounts.

In addition to having a will which specifies where you want those accounts to go when the first spouse passes away, you also need to make provisions for the distribution of your property when the second spouse passes away (or if you pass away at the same time.)

I hope you both have durable powers of attorney as well, appointing someone you trust to handle your financial matters in the event of your incapacity. Without these, if one of you became incapacitated the other would have no authority to access those accounts or do anything with respect to the others property without Court intervention. Getting a guardianship or conservatorship over someone to be able to manage their property is like a "living Probate" only much more time consuming and expensive.

An attorney can help you make sure things are set up to provide for protection and management of your property while you are alive, and the smooth transition of your property after your death.