Estate executors and family members should understand the probate process in Massachusetts to best assist with estate administration. While we highly recommend getting a trusted estate administration lawyer to help you, having a basic understanding of probate yourself is also a good idea. A major reason we recommend getting a lawyer is that Massachusetts has multiple different probate types and a process called voluntary administration. Which type of probate to use depends on the individual details of the estate you’re dealing with. Each type of probate has slightly different requirements, and choosing the wrong type can set the estate back months and cost it money.
Different Probate Types in Massachusetts
Massachusetts law allows executors to probate estates using several different processes:
- Formal Probate
- Informal Probate
- Late and Limited Formal Probate
- Voluntary Administration
What Is Formal Probate?
In Massachusetts, probating an estate is usually required when you need to:
- “Find out if the decedent’s will is valid
- Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent’s name without any right of survivorship
- Pay the decedent’s creditors
- Get the decedent’s medical records
- File the decedent’s tax returns and pay taxes”
Sometimes, you can take advantage of the informal probate process, which tends to be easier and quicker. You must use formal probate if the estate doesn’t meet informal probate or voluntary administration requirements (explained below).
During formal probate, the estate executor (1) identifies and gathers estate assets, (2) determines who should receive those assets, (3) distributes assets and pays creditors, and (4) handles other matters such as estate taxes and paperwork. The executor must file several legal forms to initiate the probate process with the court. Typically, the assigned probate judge will schedule one or more court hearings about the estate, including one at which the executor is officially appointed. The executor must attend these hearings, as well as anyone else who wants to be heard regarding the estate (such as family members who are contesting the will). The probate judge will decide contested wills and other legal issues that arise during estate administration.
What Is Informal Probate?
Informal probate is a simplified form of probating an estate, only available if the estate meets the following requirements:
- You have the original will,
- You know who the heirs are and where they are located,
- You meet certain requirements for appointment of an executor,
- You have the official death certificate,
- Any heirs who are minors or incapacitated have either official conservators or guardians, appointed to represent their interests, and
- You meet several other technical requirements.
Not all estates will tick off all these boxes, so it’s important to consult with an estate administration lawyer before you start filling out paperwork to understand which type of probate to use.
What Is Late and Limited Formal Probate?
Typically, Massachusetts law requires estates to begin probate within three years of death. However, if an estate has not been probated within that timeframe and if other specific requirements apply, the court may allow a late and limited formal probate to handle issues related to the estate. A family dealing with an estate that may fall into this category should contact a local and knowledgeable estate administration lawyer for immediate assistance.
What Is Voluntary Administration?
Voluntary administration is even simpler than informal probate and is only appropriate for small estates with no real estate and few assets. To use voluntary administration, here are the basic requirements:
- The deceased person was a Massachusetts resident,
- The estate is $25,000 or less (excluding a car’s value),
- 30+ days have passed since the death, and
- The person filing for administration must be an interested person, such as a relative.
Again, we highly suggest retaining experienced legal representation if you have been named executor or have an interest in an estate. Estate administration in Massachusetts is complicated, and you need someone on your side to advise you about your obligations and rights. Reach out for legal advice today.
Need Probate Advice in Massachusetts? Call Us
Are you looking for a dependable, experienced lawyer who can assist with a trust or probate issue? Daigle Law Office’s attorneys can provide you with experienced Massachusetts estate administration help. It’s not easy to deal with estate administration, probate, and other estate issues, especially if you have lost a loved one or are coping with family disputes. We help clients dealing with tough situations who need solid, reliable legal advice. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
