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How Do I Start the Probate Process in Massachusetts?

The 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.

Need Help With a Parent's Estate?

Call (781) 784-2322
OR
Schedule a Free Information Call
access to accounts after death probate lawyer Massachusetts

Sharon MA

46 South Main Street
​Sharon MA 02067

(781) 784-2322
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Chester MA
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Chester MA 01011
(413) 667-2322
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Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • 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 >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • 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
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog