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The Probate Process In Massachusetts: What You Need To Know



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Understanding the probate process is not just a legal requirement but a crucial step for those appointed as personal representatives or beneficiaries of a will in Massachusetts. This blog post provides a comprehensive, step-by-step guide to help you navigate the probate proceedings in Massachusetts, ensuring you can fulfill your role effectively and in accordance with the law.

Estate Administration & Intestate Succession

Following an individual's passing, their estate typically undergoes probate proceedings in court, except for trusts and other estate planning strategies crafted to bypass probate. In cases where a will is present, the court verifies its authenticity. However, specific wills may need to be updated or adequately drafted. If a valid will is absent, the court resorts to intestate succession laws to determine rightful heirs.

Appoint A Personal Representative

Upon the decedent's passing, the role of a personal representative becomes crucial. If a personal representative is specified in the will, they assume responsibility for managing the estate. However, if no will exists or the designated executor is unable or unwilling to serve, the court appoints a personal representative. This individual is responsible for cataloging the deceased's assets and obtaining valuations for their properties, a task that requires meticulous attention to detail and understanding of the probate process.

Distribute Assets To Beneficiaries & Close The Estate

Upon settling all outstanding debts and taxes, the remaining assets are disbursed to the beneficiaries as outlined in the will. Following the distribution of assets, the personal representative is eligible to submit a conclusive account to the court, delineating all financial dealings throughout the probate proceedings. Upon court approval, the estate is formally concluded and closed.

Contact Attorney Andrew Bucklin For Probate Assistance In Greater Boston

These steps offer a clear outline of the Massachusetts probate process. Estate planning attorneys are crucial partners for executors, especially in managing the intricate legal paperwork involved in estate administration. Attorney Bucklin can provide further guidance and information if you need assistance with an estate you manage. Probating a will in Massachusetts entails numerous legal procedures, each essential for correctly honoring the decedent's wishes and distributing assets. Consulting a probate attorney is advisable to navigate potential legal complexities. With over 20 years of experience serving the North Shore of Massachusetts, Attorney Bucklin has expertise in probate matters. Reach out today by calling 781-632-8675 or through our contact form for assistance.


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