The Probate Process in Massachusetts

If you are a personal representative or executor of an estate in Massachusetts, understanding the probate process is the first step toward fulfilling your duties correctly. The process may seem daunting, filled with unfamiliar legal terms and strict deadlines, but it can be broken down into a series of clear, manageable steps. At Percy Law Group, PC, we provide a detailed roadmap for this journey, guiding you through each stage to ensure everything is handled correctly and efficiently, from the initial court filing to the final distribution of assets.

The probate process in the Commonwealth of Massachusetts generally includes the following key steps:

1. Filing the Petition: The process formally begins with filing a petition with the Massachusetts Probate and Family Court. This document asks the court to formally appoint an executor (if there is a will) or an administrator (if there is no will). This person is then granted the legal authority to manage and settle the deceased person's estate. 
2. Notifying Interested Parties: Once the petition is filed, notice must be provided to all legal heirs and beneficiaries. This formal notification, often published in a local newspaper and sent via mail, informs them of the probate proceedings and gives them an opportunity to raise any objections to the will or the appointment of the personal representative.
3. Appointing the Personal Representative: After the court has reviewed the petition and conducted a brief hearing, if necessary, a personal representative is formally appointed and given "Letters of Authority." This document is the personal representative's legal power to act on behalf of the estate, enabling them to access bank accounts, sell property, and perform other crucial duties.
4. Identifying and Inventorying Assets: The personal representative must then diligently locate, secure, and create a comprehensive inventory of all the deceased person's assets. This includes all forms of property, such as bank accounts, real estate, vehicles, investments, retirement accounts, and valuable personal property like jewelry or art. An appraisal may be necessary to determine the fair market value of these assets at the time of death.
5. Paying Debts and Taxes: A critical duty is to pay all valid debts and obligations owed by the deceased from the estate's assets. This may include credit card bills, final medical expenses, mortgages, and any applicable state or federal taxes. Proper management of these claims is essential to protect the personal representative from personal liability.
6. Distributing Assets: Once all debts, taxes, and expenses have been paid, the remaining assets can be distributed to the beneficiaries according to the will or, if there is no will, according to Massachusetts intestacy laws. This step must be handled with care to ensure all distributions are made correctly and in a timely manner.
7. Closing the Estate: The final step involves preparing and submitting a detailed final accounting to the court and to the beneficiaries, detailing all the financial transactions that occurred during the administration. Once this accounting is approved, the estate is officially closed, and the personal representative is discharged from their duties.

Our dedicated team helps you navigate each of these steps, ensuring all deadlines are met and all legal requirements are satisfied. Our goal is to make a complicated process as simple and stress-free as possible, providing you with peace of mind during a difficult time.