Massachusetts Estate Probate Attorneys

The death of a friend or relative is always difficult. Not only are you mourning the loss of a loved one; but you must also deal with the administrative side of death.  What happens to a loved one’s belongings?  What happens to your loved one’s debts? Who is going to take care of their kids?

The answer of these questions lies in a process known as “probate.” Probate is the legal process in which a person’s property is distributed after their death. When a person dies, all property and assets that they owned at the time of their death must be distributed through the probate process. 

Massachusetts Probate

In Massachusetts, the probate and family court has jurisdiction over wills and estates.  There are two types of probate: “testate”, where the decedent left a valid Will; and, “intestate”, where there is no Will. Probating an estate either with a will or without a will is a complicated process and should be done with the assistance of a qualified Massachusetts probate attorney.

Massachusetts Testate Probate

When a decedent has left a will, the wishes of the decedent are followed unless the will is proven to be invalid.  In your loved ones Will, someone will be appointed to administer the estate, this person is known as an executor, or executrix.   It is the responsibility of the executor to submit the Will into probate by filing a Petition with the proper Massachusetts probate court.  The executor must then provide proper notice to all of the beneficiaries who are named in the Will and the decedent's “heirs at law” (usually the decedent’s spouse, children and in some cases, grandchildren). Notice must be also published in a local newspaper selected by the court. If no one objects, the court appoints the executor named in the Will.

In Massachusetts, the executor is responsible for collecting the decedent’s property, paying debts and taxes from the estate property and distributing the property according to the decedent’s wishes in accordance with the terms of the Will.  With the assistance of the probate attorney, the executor will prepare and file inventories and other legal documents with the Probate Court.  The probate process usually takes a year.

Under Massachusetts’ law, the surviving spouse of the decedent is entitled to receive a minimum amount of the decedent’s estate, regardless of the amount that is left the spouse in the Will.   Therefore, if a spouse if omitted from the decedent’s Will, the spouse is entitled to receive a statutory share of the estate.  

Massachusetts Intestate Probate

When a person dies without a will, Massachusetts’ intestate laws will govern the distribution of property according to statute. If there is no Will, a Petition for Administration is filed with a certified copy of the death certificate. The same process is followed to have an Administrator appointed.

Massachusetts Small Estate Probate

In certain situations where the decedent’s property has a total value of less that $15,000, not including a motor vehicle, a simplified probate process can be used.  Your attorney will advise you if this simplified probate process is available.

Avoiding Probate/Non-estate property

In Massachusetts, certain property does not have to be probated. This includes certain property that the decedent owned jointly with another person, property that is owned with a spouse as tenants by the entirety, and property that is held in a trust. Moreover, money received from a life insurance policy and Payable Upon Death accounts also passes to the named beneficiaries without having to be probated.  To find out more about what property does not have to be probated, contact one of our probate and estate planning lawyers.

 

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If you would like to speak with a Boston Probate Attorney, contact our law firm by filling out our Free Consultation Form, or calling (617) 497-7141.

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Boston Probate Lawyer
(617) 497-7141