Probate Administration and Estate Settlement

The probate process in Massachusetts involves the legal procedure for administering the estate of a deceased person. Massachusetts has four types of probate:

• Voluntary Administration ~ this is for small estates consisting only of personal property.
• Informal Probate ~ this is an administrative proceeding for simple straightforward probate.
• Formal Probate ~ this is for more complicated proceedings that typically require hearings.
• Late and Limited Formal Probate ~ this is for petitions filed more than 3 years after the date of death.

Here’s a general overview of the probate process in Massachusetts:

Filing a Petition: The probate process typically begins with the filing of a petition in the Probate and Family Court in the county where the deceased person resided at the time of their death. The petitioner is usually the person nominated as the Executor or Personal Representative in the deceased person’s will or an interested party if there is no will. The petition is submitted with all of the other required forms, documentations and fees. Depending on the type and complexity of the probate petition, the proceedings typically take between 3-4 weeks, 4-6 months or in some cases up to a year.

Notice to Heirs and Interested Parties: After filing the petition, the court issues a citation or formal notice to heirs, beneficiaries, and other interested parties, informing them of the probate proceedings.

Appointment of Personal Representative

• Appointment of Executor or Administrator: If there is a will, the court will appoint the person nominated as the executor in the will. If there is no will, the court will appoint an administrator. The appointed individual is responsible for managing the estate and ensuring that the deceased person’s wishes, as outlined in the will or by law, are carried out.
• Identifying Assets: The personal representative is required to identify and gather the deceased person’s assets. This may involve taking an inventory and having the assets appraised to determine their value.
  Notifying Creditors:
• Notice to Creditors: The personal representative must notify creditors of the probate proceedings. Creditors typically have a certain period to file claims against the estate to seek repayment of debts owed by the deceased.
• Settling Debts and Taxes: The personal representative is responsible for paying the deceased person’s outstanding debts and any taxes owed by the estate. This may involve selling assets to generate funds if necessary.
• Distribution to Beneficiaries: Once debts, taxes, and expenses are settled, the remaining assets are distributed to the beneficiaries according to the terms of the will or, if there is no will, according to Massachusetts intestacy laws.
• Filing a Final Account: The personal representative prepares a final account detailing the estate’s financial transactions and distribution of assets. This account is submitted to the court for approval.
  Court Approval and Closing of Probate:
• Court Approval: The court reviews the final account and, if satisfied, approves the distribution of assets. Once approved, the court issues an order closing the probate estate.

It’s important to note that the probate process can vary based on the complexity of the estate, the presence of a valid will, and other factors. Collinson Law is uniquely positioned to guide you through what could be a potentially difficult process.

Contact Collinson Law Office today and let us help.