How Do I Start the Probate Process in Massachusetts?
Getting Started With a Probate EstateThe first step is to determine if the decedent left a will. The will should identify the person chosen as the personal representative. That individual is the one who should initiate the process.
If there is no will, or if the will does not designate anyone still alive and willing to serve as a personal representative, an heir with legal priority will need to start the process. If there is a surviving spouse, that person has first priority. If there is no spouse, the next in line are children of the decedent or their children. If there are no descendants and no spouse, the decedents siblings will have priority. The second step is to identify the correct probate court. This will be the probate court for the county where the decedent lived at the time of death. The next step is to actually file a petition for appointment as a personal representative in the appropriate court. Many families are able to take advantage of the informal probate proceedings. The state has provided online instructions for probating an estate. You can do this yourself, especially if the estate is simple and there are no disputes, but you can also hire an attorney to make sure the process is completed correctly. Learn more here about how to initiate the probate process. |
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Meet Our Estate Planning and Probate Lawyers
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.
How We Can Help
Our experienced estate planning and probate team can help you navigate the process of handling a loved one's estate. You can use the button below to schedule a free information call with a member of our team and learn how to get started, or simply give us a call at (781) 784-2322.
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Jenna Ordway
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