Probate/Estate Administration
Probate is the court-supervised process by which a deceased person’s will is validated, the property appraised, creditors and taxes paid, and the remaining assets are distributed to beneficiaries. Estate administration refers to the same process, although not all estates need to be probated.
The probate process is initiated by a family member or friend of the deceased who has been named the personal representative (also known as the executor). The Law Offices of Nelson Chang in Saugus provides experienced and knowledgeable probate guidance, and helps executors follow the rules of probate court.
If you live outside of Massachusetts and you have been named executor of an estate, or if you are an attorney representing an out-of-state executor, I will complete the process with minimal or no travel on your part.
Many individuals work with an estate planning lawyer in advance to create trusts and other instruments that allow assets to pass to beneficiaries without going through probate. There are times, however, when probate provides tax advantages to beneficiaries.
How Massachusetts Probate Works
The Massachusetts Uniform Probate Code has formal and informal probate procedures. Under the informal process, the personal representative can act with minimal court supervision. The formal process, which is conducted by a judge in probate court, is necessary if there is a dispute among beneficiaries. I can help answer any probate questions you may have while guiding you through this process.
Estate litigation can delay the probate process and produce frustration. I represent executors or individuals who wish to challenge a will. I strive to resolve disputes as efficiently as possible to limit attorney fees and allow the beneficiaries to collect what is rightfully theirs.
Answers To Frequently Asked Questions About Probate In Massachusetts
When a loved one passes away, you will likely have many questions concerning the estate administration and probate process. Below, I have answered some of the most common questions asked by prospective clients like you.
What is probate?
Probate is the legal process of distributing the assets of an estate. The process requires identifying and collecting all of the estate’s property, debts and taxes. Any remaining assets will be distributed according to the terms of a will, if one exists, or according to the law in Massachusetts if a person dies without a will.
Is all property subject to probate?
No. Property that is held jointly will automatically pass to the surviving co-owner(s) and property designated to a named beneficiary will pass to the beneficiary. In addition, assets that are held in a trust will not have to pass through probate.
What are the duties of an executor/administrator?
A person may name an executor in a will, or an administrator may be assigned if a person dies without a will. An executor or administrator is responsible for publishing a notice of an individual’s death, providing notice to potential heirs, identifying and gathering the assets of an estate, filing tax information, distributing property, and providing a final account to the probate court. An experienced lawyer can help guide executors and administrators through these processes.
How long will the process take?
It depends on the size of an estate. For an estate consisting of few assets, the process can often be completed in less than 60 days. Larger estates can take months, and creditors have the right to sue for recovered funds for up to one year. Will contests and other difficulties can also prolong the process. That is why retaining skilled legal counsel is so important.
What happens if a loved one dies without a will in Massachusetts?
When there is no will, the decedent is said to have died “intestate,” and their estate is distributed according to the Massachusetts intestacy laws. These laws dictate how the deceased person’s assets are allocated among their surviving relatives, starting with the closest family members like a spouse and/or children. If no immediate family members are available, the estate may go to more distant relatives. The probate court oversees this process to ensure it is carried out legally.
While a spouse and children would be the most obvious choice for inheritance in most cases, this isn’t true for everyone. That’s one of many reasons why it is important to have a will and estate plan in place.
Can I contest a will if I believe it was not properly executed?
Yes, you can. In Massachusetts, you have the right to contest a will if you suspect it was not executed correctly. Common reasons for contesting include alleged lack of mental capacity, undue influence, fraud, or failure to comply with legal formalities. Challenging a will isn’t always easy, and it is critical to have the evidence to back up your allegations. An experienced attorney can evaluate your case and help you understand your legal options.
How long do you have to file probate after death in Massachusetts?
You generally have up to three years from the date of death to start the probate process in Massachusetts. However, it is often advantageous to begin probate sooner, as it allows for a quicker resolution of the estate and any related issues.
Delaying probate could also impact certain legal rights or claims, and assets/documents could easily be lost or misplaced during that delay. Therefore, the wisest course of action is to complete probate reasonably soon after losing a loved one.
Can I handle probate on my own, or do I need to hire an attorney?
You can manage probate on your own in Massachusetts, meaning that executors aren’t legally required to work with a lawyer. However, the process can be quite complicated and time-intensive. Probate involves submitting various documents, adhering to legal requirements, and possibly resolving conflicts among heirs.
Depending on the size and value of the estate, probate duties could easily become a full-time job – one that most people haven’t been trained for. Many individuals find it practically necessary (or at least highly beneficial) to work with an attorney who can assist them in fulfilling legal obligations and settling the estate efficiently.
Contact The Law Offices of Nelson Chang
If you have questions regarding the probate process or the role of a personal representative, contact me online to schedule a free consultation.