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A Guide To The Probate Of Estates Process

The death of a loved one is never something you would want to happen. If this is a situation that you’ve been in, and the loved one did not have a will or trust in place at the time of their death, their assets will have to be divided in court. This process is called the probate of estates, and it can be incredibly confusing if you aren’t familiar with it. In order to ensure that everything goes smoothly, you should have an idea of how the probate process works. We’ll tell you all the steps you need to know about below!


Informing The Right People

Before any legal proceedings can officially begin, you’ll need to inform all of the right people about the hearing. This doesn’t just include all of the surviving heirs to that particular person, but anyone who assumed control of their real estate, the Massachusetts Attorney General, and any legal guardians or spouses of the deceased. This will need to be done at least a week before you file your petition for probate.


Fill Out The Paperwork

As is standard in a variety of legal proceedings, there is some paperwork that needs to get filled out before the official dividing of assets can happen. What you’ll need to fill out in the state of Massachusetts differs by whether or not the deceased had a will at the time of their death. Visit the official Massachusetts state website to see what you’ll need for each case.


Assemble Your Fees and Paperwork

The next step in the process is to assemble all of the paperwork you’ve filled out in addition to any legal fees that arise during the process. In the state of Massachusetts, there’s a fee for both filing the probate petition and an additional surcharge. Different probate and family court locations accept different forms of payment, so it’s important to figure out what they’ll accept before you ever turn anything in. Once you have your ducks in a row, you can turn in your fees and paperwork.


The Court Proceedings

Once you’ve assembled your paperwork and fees, you can file the petition to the probate and family court! If everything is filled out accordingly, they should have your petition accepted within 30 days of you filing it. This is where the court proceedings begin. Any debts that the deceased had get paid off and the remaining assets are divided amongst the surviving heirs. It’s important to have legal representation here to ensure that the process goes smoothly and fairly.


Contact Attorney Bucklin For Probate Of Estates Help

Attorney Bucklin knows better than anyone how sensitive this process can be. He’ll be there to ensure that everything is filled out appropriately and that the proceedings are as fair as they can be. Knowing how to act after a loved one passes away can be incredibly difficult, but that’s why there’s always a helping hand in Attorney Bucklin. Contact him today for your probate of estate needs!


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