When Do You Have to Probate an Estate in Massachusetts?
Understanding Deadlines in the Probate ProcessWith everything that has to be done after a family member passes, months can go by before you feel ready to deal with the legal aspects of handling their estate and their affairs. This is normal- however, it is important to understand both the legal and the practical deadlines for putting this process in motion.
Filing probate timely will expedite your ability to take care of anything that needs attending to- it can also help you meet other, tax-related deadlines and avoid penalties and interest to the estate. The Legal and the Practical Probate DeadlinesA Massachusetts probate estate should be opened within three years after the date of death. This in theory gives you plenty of time to determine what is needed from probate, whether there is a will, and what you need to do.
There are other important deadlines, however. The IRS requires that the individual's income tax return for the part of the year they were alive be filed on the regular tax filing schedule. It also requires that the estate file an income tax return for any income received after death. This means, as a practical matter, that someone needs to be appointed with the authority to file those returns by April 15 of the year following the individual's death. Further, if the taxable estate (including probate assets, life insurance proceeds, real property, and any other assets) exceeds $2 million, an estate tax return must be filed and taxes paid within 9 months of death. Can You File a Late Probate Proceeding?The rules do 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 without specific approval from the probate court. This means that if there is any real estate that did not pass automatically, you should pay careful attention to the three year deadline. |
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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.
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If you have questions or need assistance with probate in Massachusetts, don't hesitate to reach out. Our dedicated team is here to provide you with expert guidance and support throughout the probate process. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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Jenna Ordway
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