Probate and estate administration
Probate is a court process that transfers the legal title of assets from the estate of a person who has died to those entitled to the assets, whether or not the person signed a Will. If a person dies without a Will, the people entitled to receive the assets are determined by Massachusetts law rather than by the person who died.
A Will does not avoid probate, a Will facilitates the probate process and must be approved by the Court.
Probate assets are those assets that are held in the decedent's name alone.
Non-probate assets are those assets that are in joint ownership or are contractual in nature. Assets that are owned jointly, with rights of survivorship are not subject to probate. The best examples of contractual assets are life insurance policies, retirement benefits, and assets that have been transferred to a trust.
The basic steps involved in the probate process are as follows:
- Court-approval that the deceased person's Will is valid;
- Identifying and inventorying the decedent's property;
- Determining and notifying heirs;
- Locating missing heirs;
- Appraising property;
- Paying debts, taxes, and the costs of administration/probate;
- Potentially selling real estate (Court approval required if there is no Will authorizing it);
- Filing Estate Tax Returns (if necessary);
- Filing Fiduciary Tax Returns (if necessary);
- Accounting of assets to the court; and
- Distributing the net estate as the Will directs (or as state law mandates if there is no Will).
Our attorneys are experienced in probate and estate administration and can help simplify this complicated process. We can navigate our clients through the probate process and effectively administer the estate to ensure that the deceased individual's intentions are followed.
The Probate Court also determines questions involving contested or unclear Wills. We also offer representation in these situations.