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What is the Deadline for Probating an Estate?

Under Massachusetts law, a probate matter should be opened within three years after the date of death.  In most cases, if there is a need for probate to transfer title to real property, bank accounts, vehicles or other assets, that need will become apparent well within the three year period.  

Sometimes, however, the three years does pass, either because there has been no attempt to sell assets, or there were assets unknown to the heirs at the time of death.  In that case, the rules allow you to file a "late and limited" probate matter, if the person died on or after March 31, 2012, no other estate proceeding has been filed within three years of death, and you only need the proceedings to confirm ownership of assets.

A personal representative appointed in the late and limited proceeding will have authority to administer the estate, but will not have authority to sell real estate.  This means that if there is any real estate that did not pass automatically, you should pay careful attention to the three year deadline.


Learn more here about how to initiate the probate process.

Need Help With a Parent's Estate?

Contact Us
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​Sharon MA 02067

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs