Plymouth Probate Lawyer

Plymouth Probate Attorney

When a loved one passes, the surviving family members are left to deal with the estate in addition to navigating their grief. The experienced Plymouth probate lawyer at Albanese Law, LLC offer trusted legal counsel to both individuals and families navigating probate and related legal matters. We hold a deep understanding of Massachusetts probate and unique estate planning laws and strive to make the process as efficient and stress-free as possible for our clients.

Attorney Matthew P. Albanese is a trusted Plymouth probate lawyer with extensive expertise in estate planning, elder law, probate, and asset protection. He provides clients with knowledgeable guidance delivered through a compassionate and ethical approach. For dependable legal assistance, contact Albanese Law, LLC today to schedule a consultation and receive expert, tailored support.

Probate in Massachusetts

Probate refers to the court-supervised procedure for settling a person’s estate after death, including identifying their assets, determining their value, and transferring them to the appropriate heirs or beneficiaries as outlined in a will. If no will exists, Massachusetts intestacy laws determine these factors. Probate also involves paying off debts, taxes, and final expenses. The process is typically overseen by a probate court and managed by an executor or administrator.

Probate involves several key steps:

• Filing a will and petitioning the court to open probate
• Appointing a personal representative
• Inventorying assets and obtaining valuations
• Paying debts, taxes, and final expenses
• Distributing remaining assets to heirs or beneficiaries
• Closing the estate

The Plymouth Probate and Family Court in Massachusetts handles probate cases involving wills, estates, guardianships, and trusts for Plymouth County residents. The court operates a virtual registry for remote access and offers resources to assist with filing and managing probate matters. Probate cases in Plymouth typically involve validating wills, administering estates, and resolving disputes related to asset distribution. The court’s sessions are held at 52 Obery Street, Plymouth, and it serves numerous surrounding towns.

Probate may be simple, or it could be very complex. It really depends on the structure of the estate, the presence of a will, and whether disputes arise, either from the family or from creditors. The experienced team at Albanese Law, LLC, provides personalized support during the probate process.

How Can a Plymouth Probate Attorney Help?

Some estates may be settled through simplified processes and without court involvement. However, many end up needing to go through probate. Probate proceedings can get complicated, especially when disputes arise.

A skilled Plymouth probate lawyer can help you file legal documents properly and ensure you meet all deadlines. At Albanese Law, LLC, we interpret and enforce wills and trusts, guiding executors and administrators through their legal responsibilities. We can help you resolve debts and any claims against the estate and navigate tax implications.

Our goal is to provide you with some peace of mind during a difficult time. We work to ensure the estate is managed effectively and in accordance with the law.

Types of Probate in Massachusetts

Massachusetts offers several types of probate procedures. Each has different requirements, depending on the complexity of the estate. At Albanese Law, LLC, we can help you determine which path is the most appropriate option for you.

• Informal probate. This option is faster and more straightforward. Informal probate is handled by a magistrate rather than a judge. It’s typically used when the will is clear and uncontested, when all heirs and beneficiaries are in agreement, and when the estate is not unusually complex.
• Formal probate. Formal probate is used when disputes arise or when there are questions about the validity of the will. It’s also a better option if heirs or beneficiaries are unknown or can’t be located. If the estate involves more complex issues, such as guardianships or trust disputes, formal probate is a better option.
• Late and limited formal probate. This option may be necessary if no estate proceeding occurred within three years, and you need formal probate to confirm asset ownership. The court may allow this to determine heirs or devisees, admit a will, or appoint a personal or special representative. This process is typically used when a full administration is unnecessary, but legal confirmation of probate assets is still required.
• Voluntary administration. If the estate is small, a simplified process called voluntary administration may be available to you. This is a streamlined process for when the deceased has limited assets and when no real property is involved.

Avoiding Probate

The team at Albanese Law, LLC, is well-equipped to help you through probate, but proactive legal planning can also help you avoid probate altogether. The majority of Americans do not have estate plans in place, according to a 2025 survey. What’s more, the number of people creating wills has decreased in recent years. Of those who hadn’t created a will, 47% stated their reasons as simply not having gotten around to it.

One of the ways to reduce the time, cost, and stress associated with probate is to establish an estate plan that minimizes or eliminates the need for court involvement.

FAQs

Q: How Much Do Probate Lawyers Charge Per Hour?

A: Probate lawyers’ hourly rate varies based on their experience, location, and the complexity of the estate itself. In some cases, they may only charge a flat fee or a percentage of the estate’s value. You can request a detailed fee agreement when you have your initial consultation, so you have a clearer idea of upcoming costs.

Q: What Is the Difference Between an Estate Lawyer and a Probate Lawyer?

A: An estate lawyer helps clients with planning for the distribution of their assets upon their passing. This includes drafting a will, setting up a trust, and creating powers of attorney or healthcare directives. A probate lawyer, however, guides executors and beneficiaries through the court-supervised process of administering the deceased’s estate. Many attorneys practice in both areas.

Q: How Long Does Probate Take in Massachusetts?

A: The timeline for probate varies. It really depends on the size and complexity of the state and whether the deceased had a will. If disputes arise among creditors or heirs, the timeline lengthens. Simple estates with no challenges or issues concerning debts finalize much quicker. The process begins by filing a petition with the Plymouth Probate and Family Court at 52 Obery Street.

Q: What Are the Ethical Considerations for Probate Lawyers?

A: Probate lawyers must adhere to strict ethical guidelines when dealing with these sensitive matters. This includes maintaining confidentiality, avoiding conflicts of interest, and providing competent representation. Probate lawyers must act in the interests of the estate and its beneficiaries. They must also avoid influencing vulnerable clients. If a dispute arises, it’s their duty to maintain impartiality.

Contact a Plymouth Probate Lawyer

If you’re facing probate after the loss of a loved one, let the experienced Plymouth probate lawyers at Albanese Law, LLC, guide you through the process. Contact our office today to schedule a consultation, and let us help you move forward with confidence and clarity.