When a person passes away, their assets must be disbursed according to their estate plan and, when applicable, state laws and probate. At Law Offices of Tracy Wilson, P.C., our probate lawyer in Massachusetts helps Personal Representatives (aka "Executors") of Wills, and devisees/beneficiaries of an estate through the probate process. Starting with identifying estate assets and ending with the distribution of assets and inheritances to the beneficiaries. Contact us by calling 617-847-6993 to schedule a Free telephone consultation.
Overview of Probate in Massachusetts?
Probate is the process by which a deceased person's assets and belongings, known as their estate, are passed on to their beneficiaries (aka "devisees") of their wills, or to their heirs at law if no will. Most matters related to wills, estates, conservatorships, and guardianships are handled by probate courts.
Both the probate process and outcomes can look very different, depending on whether the decedent had a valid Will at the time of death and where the decedent was domiciled.
The Early Stages of Probate
The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened to appoint a personal representative to administer the decedent's estate.
- If there is a Will, a personal representative or executor will likely be named in it.
- If there is not a Will, one will need to be nominated.
Once the Personal Representative is formally appointed by the court, they must:
- Notify interested parties;
- Publish notice;
- Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and
- Secure all assets.
How probate proceeds depends primarily on whether there is a Will or not, and whether the proceeding is Formal, Informal, Supervised or not.
Probate with a Will
If the decedent died with a Will, the Will must be found, filed with the court, and authenticated before its terms are put into action. In Massachusetts, the original Will must be filed within 30 days of the date of death in the county where the decedent was domiciled. An interested party may contest the Will.
If there are no challenges to the Will, the court can appoint a Personal Representative who must administer the estate according to the decedent's wishes and the law.
Challenges are often based on allegations of undue influence, fraud, or lack of testamentary capacity. Challenges are also brought forward when there is believed to be another Will invalidating the Will offered to probate court. If the Will is challenged, court intervention becomes necessary.
Probate without a Will
If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through intestacy laws.
The End Stage of Probate
In Massachusetts, probate estates need to remain open for at least one year from the date of death to allow potential creditors to make a claim. At the end of the one year, there are different options on closing the estate with the probate court.
Do You Need a Probate Lawyer in Quincy and Canton, MA?
A probate lawyer can assist with the:
- Determination of what type of probate to file (formal, informal, voluntary etc.)
- Drafting and Filing of the appropriate paperwork for probate proceedings to begin
- Appropriate notifications
- Collection of proceeds from life insurance policies
- Identification and securing of estate assets
- Appraisals for the decedent's real and personal property
- Payment of bills, debts, and applicable taxes
- Resolution of any income or estate tax issue
- Preparation and filing of all documents required by a probate court
- Closing of the estate
- Transfer of assets to beneficiaries
Contact a Probate Lawyer in Massachusetts Today
We are here to help you with your estate plan so that it survives any challenge during probate. If you are the personal representative, executor or beneficiary of an estate, we can also guide you through the probate process in terms you can understand. If you have questions, contact Law Offices of Tracy Wilson, P.C. either online or at 617-847-6993 to schedule a Free telephone consultation.
