Let’s begin with a definition: Probate, in general, is the process of validating a will (if there is one), identifying the decedent’s assets, and authorizing a personal representative to distribute these assets according to Massachusetts law. The process takes about a year, although in situations involving complex estates, family infighting, or disputes over assets, it can take considerably longer. If the decedent dies intestate (without a will), assets will be distributed according to Massachusetts law governing intestacy (i.e., following the family tree).
It is worth noting that if the value of an estate’s probate assets is $25,000 or less (excluding the value of one car) and the estate doesn’t have any real property, it can go through a limited version of probate called voluntary administration. This process is much faster than regular probate and lay people can very easily handle this themselves.
Informal Versus Formal Probate
Massachusetts has adopted what is known as the Uniform Probate Code. It is designed to simplify (relatively!) the probate process and provides for two types of probate, informal and formal.
Informal probate is overseen by a court official called a magistrate. The decedent’s personal representative may collect assets, pay debts, and distribute property with virtually no court supervision. The personal representative can close the estate by filing a sworn statement saying all debts, taxes, and other expenses have been paid and that estate assets have been transferred to the appropriate people. Many estates can be settled informally.
Formal probate, on the other hand, is overseen by a judge. The personal representative’s actions must be approved by the judge, and all interested parties must be given notice of proposed actions. Formal probate is required when:
- The will is a duplicate or includes handwritten or crossed-out words
- The terms of the will are unclear
- There are incapacitated or minor heirs or devisees
- There is an objection to the will or the personal representative’s appointment
- The petitioner is a creditor or a public administrator
- An heir or devisee is of parts unknown
Even an informal probate is a time-consuming, complicated, and frustrating process, one made all the more difficult by the grief that accompanies the loss of a loved one. This explains why most people work with an attorney to settle an estate. I can guide you through the process from start to finish and make it as stress-free as possible.
Until next time, take care…
Alexis