Can You File Your Will With The Court Ahead Of Time In Massachusetts?
A will is one of the most important legal documents that you have. When you pass away, your last will and testament helps to provide the roadmap for how your property and assets should be handled. Your survivors—particularly the executor of your will (now called a Personal Representative under Massachusetts law) —must file the document with the approprite probate court after you pass away . This raises an important question: Can you file your will with the court ahead of time in Massachusetts? The answer is “yes”—you can do so for a small fee. Here, our Boston estate planning attorney explains the key things to know about filing a will with the court ahead of time in Massachusetts.
You Have the Right to Submit Your Will to the Probate Court Ahead of Time in Massachusetts
The Massachusetts Court System explains that “Massachusetts does allow you to file your will with the court while you are still living.” While not entirely unique to the Commonwealth, many other jurisdictions do not actually allow people to submit their will in advance. Filing early is a proactive approach that can give you peace of mind knowing that the task is taken care of. There is a relatively small fee (around $75) to file your will ahead of time.
Note: To be clear, you are certainly not required to submit your will to a probate court ahead of time in Massachusetts. Indeed, most people do not do so. It is merely an option.
Reasons Why You May Want to File Your Will With the Court Ahead of Time
Why go through the effort of submitting a will to the probate court ahead of time in Massachusetts? There are a number of different potential benefits, including:
- Help to Expedite the Probate Process: As part of probate in Massachusetts, the will must be located and submitted to the proper court. Submitting the will ahead of time can actually help to expedite the probate process a bit.
- Reduce the Risk of Disputes Among Beneficiaries: Another advantage is that filing your will with the court in advance can help to prevent misunderstandings and to reduce the risk of disputes among your beneficiaries. When the court has a verified copy, it clarifies your intentions and reduces the likelihood of successful challenges to the will’s authenticity.
- Ensure Will Validity: By filing your will ahead of time, you can address any potential legal issues that might render the will invalid in the future. In some cases, the court’s preliminary review can identify and allow you to rectify any problems with the will’s structure.
Provide Peace of Mind: Finally, knowing your will is safely filed with the court can provide significant peace of mind. You can remove the worry about your will being lost, destroyed, or tampered with after your passing.
Consult With Our Massachusetts Estate Planning Attorney Today
At Fisher Law LLC, our Massachusetts estate planning lawyer has the professional knowledge that you can count on when it matters the most. If you have any questions or concerns about the handling of a will, please do not hesitate to contact us today for a fully confidential, no obligation consultation. Our firm serves communities throughout the Greater Boston area.
Source:
mass.gov/info-details/massachusetts-law-about-wills-and-estates
