Probate Process in Boston, MA: A Step-by-Step Guide
When a loved one dies, one of the many things you must take care of is figuring out what happens to their belongings, including their money and other assets. In many cases, the decedent has some form of estate plan in place that details how they want their assets distributed after their death. Even with a will, an estate may have to be probated. It’s important to understand the probate process in Boston, MA, to ensure an estate is settled properly.
Probate in Massachusetts can be complicated and time-consuming. That’s why it’s recommended to work with a skilled Boston probate lawyer. Our team of attorney at Albanese Law, LLC, have extensive experience working with the Suffolk Probate and Family Court, and we’re confident we can make settling your estate as simple and stress-free as possible.
Types of Probate in Massachusetts
There are three types of probate recognized in Massachusetts, as well as a more simplified process called voluntary admission. The complexity of your estate and any legal disputes or other issues surrounding it can determine which type of probate you need. When it comes to determining which probate process is applicable to your situation, you can expect to be choosing from:
- Formal probate
- Informal probate
- Late and limited probate
- Voluntary administration
Helping You Understand Your Probate Planning Options
The Informal Probate Process in Boston, MA in 5 Easy Steps
Probate administration handles matters related to the estate of a deceased person by essentially validating their will. The process focuses on a variety of matters related to the decedent’s property, estate debts, and taxes, as well as the rights of the heirs and more. This can include appointing a personal representative for the estate when necessary, handling property distribution in cases where asset transfer is not by right of survivorship, filing estate tax returns, and addressing creditor claims.
In Massachusetts, informal probate is more common than formal probate, and it is essential to understand how the process works. Here’s the informal probate process in five simple steps:
- Give notice to entitled parties. You must give notice of the probate proceeding to anyone entitled to a notice at least seven days before filing your petition. This includes devisees, executors, heirs, and others, depending on the situation.
- Fill out all forms. There are many specific forms you must file, including the original will and a certified copy of the death certificate if the decedent had a will. If the decedent didn’t have a will, you must still file a certified copy of the death certificate.
- Gather the necessary fees. You can pay any fees to the Suffolk Probate and Family Court online, by mail, or in person. It’s wise to contact the court and confirm their accepted methods of payment to save yourself potential headaches down the road.
- File everything. Once everything is ready, you can file your informal probate online, by mail, or in person.
- Post a publication notice. After your petition is accepted by the court, you must post a publication of notice in a newspaper designated by the registrar within 30 days. This serves as a notice to creditors that a case has been opened, giving them one year to file a claim to settle any debts.
The formal probate process involves similar steps, but the proceedings can vary significantly. Formal probate is typically needed if there was an issue with the informal probate process, the terms of the estate were unclear, or if there is another complication with the estate.
The age-adjusted death rate in Massachusetts was about 721.4 deaths per 100,000 residents in recent years. Accidents are the third-leading cause of death in the state, which means something can happen at any time. It’s important to have a plan in place, so you’re ready when it does.
FAQs
How Long Does the Probate Process Take in Boston?
The time it takes to get through the probate process in Boston can vary from case to case. Simple estates without any debts are likely to go through probate much faster than a complex estate that is involved in legal disputes. Tax filings may also impact the probate timeline due to potential IRS audits.
What Are the Steps for Probate in Boston?
The probate process starts with filing a petition with the Boston Probate and Family Court and notifying all interested parties, such as beneficiaries and creditors. The court appoints a personal representative for the estate. If an executor was already appointed by the decedent, the court typically chooses them. The executor can then inventory and appraise the estate’s assets, pay debts and taxes, and distribute the assets to the beneficiaries. After that, the estate can be closed.
What Is the Difference Between Formal Probate and Informal Probate in Boston?
There are two main categories of probate in Massachusetts: formal probate and informal probate. Formal probate typically involves court hearings and is heard by a judge. You generally must file for formal probate for complex estates with unclear terms.
Informal probate is an administrative process completed by a Massachusetts Uniform Probate Code (MUPC) Magistrate. You can opt for informal probate if you meet all the requirements, which include having the decedent’s original will and death certificate.
What Assets Must Go Through Probate in Boston?
Not all estates in Massachusetts need to go through probate. It’s important to know what can bypass the process, so you can save yourself time and money. In Massachusetts, any assets that are jointly owned or that have beneficiaries may not have to go through probate, which means they can be distributed directly to the new owners. Assets in a trust also do not need to be probated since the trust can be passed to the named trustee.
Reach Out to a Boston Probate Lawyer to Talk About Your Future Today
Probate can be a time-consuming and confusing process. By consulting with a Boston probate lawyer in your estate planning process, you can better understand your options and optimize the Albanese Law, LLC has experience navigating complex areas of estate planning, including probate. If you’re ready to discuss your situation in more detail, get in touch with our team to set up an appointment today.
