How to Probate a Family Member's Estate
Understanding the Probate ProcessMassachusetts has two options for administration of an estate: informal and formal administration. Informal administration is generally available if you have the original will available and intact (i.e., no handwritten notations or additions) and if the location of all heirs is known. If there is no will at all, you may still be able to use the information proceedings to appoint a personal representative, if you follow the required notice procedures and there is no objection by other heirs.
The first step is to determine which kind of proceeding applies in your situation. This will include identifying all of the heirs either named in the will or who will inherit under Massachusetts intestacy laws, and making sure you know where they are located. Notice to these individuals will be required as part of the filing process. You will also need an original of the will (if there is one) and an original death certificate. For most families, the informal proceedings are available. This can be done with or without an attorney, and the state has provided online instructions for probating an estate. However, missing a step in the process will only lengthen the amount of time that it takes to settle the estate and release assets to the heirs. Learn more here about what to do when a loved one dies. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
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