Do You Have to Probate an Estate?

Going through the probate process is not always necessary.  If all of the decedent's assets other than miscellaneous personal property  transferred outside of probate (examples include jointly owned real estate, life insurance proceeds and investment accounts with designated beneficiaries, joint bank accounts), there may be no need to go through the process.

Generally, a probate matter should be opened if it is necessary to:

• Transfer clear legal title to assets such as real estate, vehicles or financial accounts with no beneficiary designation;
• Pay the decedent's debts from the probate estate;
• Determine whether a will is valid;
• Get access to the decedent's medical records;
• Continue any legal action commenced in the decedent's name; or
• File the decedent's tax returns.

You should note that under Massachusetts law, a creditor of the decedent is considered an "interested party" and has legal standing to initiate probate even if you choose not to.  

Learn more here about how to initiate the probate process.

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