Probate Attorney

Probate

Probate is a necessary process of distributing your property after your death. The Massachusetts probate process involves identifying and gathering the deceased’s probate property, paying debts, taxes, and expenses, and then distributing the remaining assets to those persons named in the last will and testament. When a person dies without a will, the property is distributed according to Massachusetts intestacy law, which attempts to duplicate what the average person would do if they so designated – to spouses, children, parents and next of kin.

Probate Property

  • Any property held in the decedents sole name
  • Any real property held in the decedents sole name, or as tenants in common
  • Any life insurance policies, annuities or retirement accounts that name the decedent's estate as beneficiary or fail to state a beneficiary

Non-Probate Property

  • Any joint property with the right of survivorship (including tenants by the entirety)
  • Any life insurance policies, annuities, retirement accounts, transfer on death accounts and payable on death accounts which do name a beneficiary
  • Any assets held in a revocable or irrevocable trust

Length of Probate

If the decedent's probate estate is less than $15,000, with one automobile, the process may take about sixty days or less. Typically probate estates are in excess of such amounts, and take a minimum of 12 months until the final account can be prepared for the Probate Court. The majority of the estate administration may be completed within nine months from the date of death, however, the decedent's creditors have the right to sue to recover any debts for one year. After this period has expired, the final account may be submitted to the Probate Court for approval. A typical estate administration may last up to two years depending upon the nature of the assets involved in the probate estate.

Contact

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Probate Attorney Fees

Probation of estates is billed at an hourly rate, please contract this office at (617) 458-6593 for a free consultation.

Parties Involved

Executor/Executrix

Commonly referred to as an executor/executrix, an administrator/administratrix or a personal representative, if the deceased executed a valid last will and testament typically a named individual is nominated as an executor. That executor must be willing or able to serve and must be appointed executor by the Court. When a decedent dies without a will the person is the referred to as an administrator, and must seek appointment from the Court.

Once appointed, the executor or administrator performs the following functions:

  • Publish notice prescribed by the Probate Court in a local newspaper and give notice to interested parties
  • Identify, gather, value and safeguard the decedent's probate assets and provide an inventory to the Probate Court
  • Object to will contests, and defend against any suits against the estate
  • File income and estate tax returns and pay the taxes due
  • Hire attorneys, accountants, appraisers and investment advisors to assist with estate administration
  • Distribute the probate property to the designated beneficiaries
  • Provide a final accounting to the Probate Court.

Beneficiaries

The beneficiaries are those persons who will receive property from the decedent's probate estate. Typically the decedent's assets pass to the surviving spouse, if there is no surviving spouse, the assets will pass to the beneficiaries named in the will, or in accordance with the state intestacy laws. There is no limit to who may receive your probate property, you can name your spouse, children, relatives, friends, or a charitable organization to be your beneficiaries.