Decoding Probate in Massachusetts: A Brief Guide

October 30, 2023

3 min read

Probate in Massachusetts is a legal process that manages the distribution of a deceased person's assets and addresses their outstanding debts. Here's a concise overview of probate in the Bay State:

1. Initiating Probate: The process starts when a will is submitted to the probate court upon the person's death. If there's no will, the court will follow state laws to distribute the assets, known as intestate succession.

2. Appointment of Personal Representative: The court appoints a personal representative, either an executor named in the will or an administrator if there's no will. This representative is responsible for managing the deceased person's estate, which includes identifying, valuing, and distributing assets.

3. Debt Settlement: During probate, outstanding debts, including bills, mortgages, and taxes, are paid from the estate's assets. This is a crucial step to ensure the estate's financial obligations are met.

4. Asset Distribution: After settling debts and taxes, the remaining assets are distributed to beneficiaries as specified in the will or according to state intestate laws. In cases where assets are sold to cover expenses, the proceeds are included in the distribution.

5. Duration and Costs: The duration of the probate process varies based on the complexity of the estate. It can take several months to over a year. Probate can be expensive due to court fees, attorney fees, and administrative expenses, which are paid from the estate.

6. Non-Probate Assets: Not all assets go through probate. Assets with designated beneficiaries, joint ownership, or those held in a trust typically bypass the probate process, going directly to the intended recipients.

Probate in Massachusetts serves as a mechanism for ensuring that the wishes of the deceased are honored, debts are paid, and assets are distributed as intended. While it may entail time and costs, it plays a vital role in settling legal and financial matters after someone's passing. Effective estate planning can streamline the probate process and alleviate potential complexities.