How Do You Start The Probate Process In Massachusetts?
The Massachusetts Court System explains that probate is a process through which a deceased person’s estate is finalized and their assets are distributed to the appropriate heirs. Probate does not start automatically in Massachusetts, you have to petition the court and file the Last Will and Testament. At Fisher Law LLC, we have extensive experience with probate administration. Here, our Norwood probate lawyer provides a guide to starting the probate process in Massachusetts.
- Gather All Relevant Document (Especially the Will)
Organization is key to navigating the probate process in Massachusetts. The first step to take in starting probate is gathering all relevant documents, records, and evidence. You need to get all of the essential documents related to the deceased’s estate. Along with other things, this includes:
- The original Will;
- The official death certificate; and
- An inventory of the decedent’s assets and liabilities.
If a Will exists, it will typically outline the distribution of the estate and appoint an executor. If no Will exists, you need to confirm that fact. You should ensure that all of the documents are organized and accessible. They will need to be submitted to the probate court.
- Know Who is the Executor of the Will
You should know who is going to serve as the executor, now called the Personal Representative in Massachusetts The Personal Representative is the person who will be responsible for overseeing the probate process. Along with other things, the Personal Representative’s duties are:
- Filing the Will with the probate court;
- Managing the estate’s assets;
- Paying off debts; and
- Distributing assets to the beneficiaries as dictated by the Will.
If no Personal Representative is named—or if the named PR under the Will is unable to serve—the Massachusetts probate court may appoint an administrator to handle the estate.
- Determine the Proper Court for Probate
In Massachusetts, probate is handled at the county level. The probate process must be initiated in the county where the deceased lived at the time of their death. In Massachusetts, this is typically handled by the Probate and Family Court in the respective county. You should make sure that you know the appropriate court with which to file to open probate.
- File a Petition to Open Probate
Probate is not going to start automatically in Massachusetts. Once all documents are prepared and the correct court is identified, it is the role of the Personal Representative to take action. The PR should file a Petition for a formal or informal probate, depending upon the circumstances. . The PR should include the original Will and the death certificate. The petition formally requests the court to validate the Will and officially appoint the Personal Representative. After filing, the court will schedule a date, called the Return Date, that is a deadline by which any Interested Party must file an objection. Prior to this Return Date, there are other statutory requirements with regard to notice and publications, as well as other requirements after the Personal Representative is appointed.
Contact Our Norwood, MA Probate Attorney Today
At Fisher Law LLC, our Boston probate lawyer has the professional experience in this area, as Fisher Law LLC is a firm that focuses solely on trusts and estates, probates and elder law. If you have any questions or concerns about starting the probate process, please do not hesitate to contact us today . With an office in Norwood, our firm handles probate administration in Norfolk County, Suffolk County, and throughout the Greater Boston area.
Source:
mass.gov/probate-of-wills-and-estates
