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Not all Massachusetts residents want to avoid the probate process

The proceedings that surround the administration of an estate can sometimes be met with mixed opinions. Some individuals may think that the probate process should be avoided at all costs, while others believe the proceedings to be a necessary part of settling an estate. Massachusetts residents may wish to find out more information on the process to determine how they want to approach it.

Though avoiding probate certainly is an option, some individuals may choose to go through the proceedings nonetheless. In many cases, simply going ahead with the process could avoid unnecessary costs associated with circumventing probate. Additionally, the decisions made during probate are final, and everyone involved can gain a clear understanding of how the estate’s administration will be handled.

Of course, if individuals do want to avoid the process, they can take certain routes for doing so, such as creating a revocable living trust. However, creating a trust could prove costly, and if individuals do not remember to add items to the trust or take other actions to keep the account updated, issues could arise. Therefore, parties may wish to fully consider the downside to avoiding probate before deciding to forgo the process.

Understanding the probate process can prove useful to individuals making their estate plans and surviving loved ones. This information could help make plans more complete and also allow executors and beneficiaries to better understand how the proceedings will be carried out. Discussing probate with an experienced Massachusetts attorney could help interested individuals determine how they would like to address this aspect of estate administration.

Source:, “Probate, Wills, Executors: Your Estate Planning Questions Answered“, Richard Eisenberg, April 7, 2017


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