What is the Deadline for Probating an Estate?
Key Deadlines When Probating an EstateUnder Massachusetts law, a probate matter should be opened within three years after the date of death. In most cases, if there is a need for probate to transfer title to real property, bank accounts, vehicles or other assets, that need will become apparent well within the three year period.
Sometimes, however, the three years does pass, either because there has been no attempt to sell assets, or there were assets unknown to the heirs at the time of death. In that case, the rules allow you to file a "late and limited" probate matter, if the person died on or after March 31, 2012, no other estate proceeding has been filed within three years of death, and you only need the proceedings to confirm ownership of assets. A personal representative appointed in the late and limited proceeding will have authority to administer the estate, but will not have authority to sell real estate. This means that if there is any real estate that did not pass automatically, you should pay careful attention to the three year deadline. Learn more here about how to initiate the probate process. |
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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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Jenna Ordway
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