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How to Probate a Family Member's Estate?

Massachusetts 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.

Need Help With a Parent's Estate?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • 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
  • 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
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact