What is Probate?
Probate in Massachusetts is the legal process for settling a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or Massachusetts’s intestacy laws if no will exists.
Where is Probate Handled in Massachusetts?
Probate in Massachusetts is handled by the Probate and Family Court in the county where the deceased resided at the time of death. Each of Massachusetts’s 14 counties has a Probate and Family Court that oversees probate matters.
Key Steps in the Probate Process in Massachusetts
- File the Will: The executor must file the will with the Probate and Family Court. If no will exists, someone must apply to be appointed as the estate’s personal representative.
- Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including real estate, bank accounts, and personal property, and provide a valuation to the court.
- Notify Creditors: Known creditors must be notified, and a public notice must be published to alert unknown creditors. Creditors generally have one year to file claims.
- Pay Debts and Taxes: The estate must settle any debts and taxes, including state estate taxes if applicable.
- Distribute Assets: Once debts and taxes are paid, the remaining assets are distributed to beneficiaries according to the will, or if no will exists, under Massachusetts’s intestacy laws.
When Is Probate Required in Massachusetts?
Probate is required in Massachusetts when the deceased owns assets solely in their name, without a joint owner or designated beneficiary. Probate ensures these assets are properly transferred to heirs or beneficiaries.
Types of Probate in Massachusetts
- Informal Probate: A simplified process for uncontested estates where there are no disputes, requiring minimal court involvement.
- Formal Probate: Required for larger or more complex estates or when disputes arise, with more active court supervision throughout the process.
- Voluntary Administration: For small estates valued at $25,000 or less (excluding the value of a car), this process allows for quicker asset distribution without full probate.
Avoiding Probate in Massachusetts
Certain assets can avoid probate in Massachusetts, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a trust.
How Long Does Probate Take in Massachusetts?
Probate in Massachusetts can take six months to a year for informal probate, but formal probate may take longer, especially if disputes arise or the estate is large.
Common Terms in the Probate Process in Massachusetts
- Intestate: Dying without a valid will.
- Letters of Authority: Court-issued documents granting the personal representative the authority to manage the estate.
- Personal Representative: The person responsible for administering the estate, also known as the executor or administrator.
- Voluntary Administration: A simplified process for settling small estates in Massachusetts.
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