Probate AdminisTRATION

When someone dies, probate is often necessary in order to transfer ownership of property. This depends on how it was titled when they died. Probate is also the process of validating a person's will, paying creditors, obtaining medical records, filing and paying estate taxes and estate income taxes. The probate process ensures that beneficiaries receive the property that was left to them.

Dealing with the death of a loved one is difficult and emotional. It can be an overwhelming task to probate an estate while in the midst of grief. Pivot Legal Group is available to relieve the burden and to move you in the right direction so that assets can be quickly and efficiently transferred to beneficiaries and energy can be directed at honoring the life of your loved one.

PROBATE FAQs

Please contact us if you cannot find an answer to your question.

Is probate always required when someone dies?

No. Property in the decedent’s estate may pass directly to another person by law or succession planning without the necessity for probate. Examples include: jointly held property with rights of survivorship, jointly held bank accounts, proceeds from a retirement account or life insurance policy that names a beneficiary, or property held in a trust created by the decedent.

When is a probate required?

A probate is required when a decedent’s will needs to be validated, to change title to real estate or personal property (bank accounts, stocks, life insurance, retirement accounts, etc.) that is only in the name of the decedent. In order to file decedent’s tax returns, pay taxes, pay creditors, a probate proceeding is also necessary.

What are the different types of probate?

Informal probate, formal probate, late and limited formal probate, and voluntary administration are the different forms of probate proceedings in Massachusetts.

An informal probate is an administrative proceeding, which means it is processed by a Massachusetts Uniform Probate Code (MUPC) magistrate instead of a judge. There are no hearings in an informal probate. Informal probate is typically a faster process if all the requirements are met and the decedent’s estate is worth over $25,000.00. A magistrate can issue an informal order as early as 7 days after the decedent’s death.

A formal probate is presided over by a judge and may involve one or more court hearings. There are many reasons why formal probate may be required. The necessity for a formal probate is frequently triggered if:

·An objection is filed in an informal probate

·The decedent’s will is handwritten or includes crossed out words

·Only a copy of the decedent’s will is available

·Heirs are incapacitated or minors

·The proposed personal representative does not have priority for appointment

·The petitioner is a creditor

·The decedent was domiciled out of state but has property in state

A late and limited formal probate is necessary if:

·The decedent died on or after March 31, 2012; and

·An estate proceeding has not happened within three (3) years of the decedent’s death; and

·A formal proceeding is only needed to confirm ownership of the probate assets.

A voluntary administration is a straightforward process to probate a decedent’s estate having no real estate with all assets totaling $25,000.00 or less (excluding the value of an automobile). In order to file a voluntary administration, the case needs to meet the following requirements:

·The decedent must have been a Massachusetts resident

·The decedent must have left an estate that consists entirely of personal property valued at $25,000.00 or less (excluding the value of one auto)

·Thirty (30) days or more have passed since the decedent’s death

·The petitioner must be an interested person but does not need to be a resident of Massachusetts

·No other probate proceeding cane be pending

Probate AdminisTRATION

PROBATE FAQs

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