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Commonwealth of Massachusetts The Trial Court Probate and Family CourtDocket No. BOND Without sureties With personal sureties With corporate surety Bond #: In the Interests of: First NameMiddle NameDivisionLast.
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Administrators FAQ
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Typically, it takes anywhere from nine to 12 months to probate a will in most cases when represented by a probate attorney, though some probate cases can take up to two years to settle an estate. To understand how long it takes to probate a will, it's critical to dissect the process and review each step.
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The creditor has one year from the date of death to make a filing against the estate. If probate hasn't been started before the one-year date of death anniversary, a creditor under Massachusetts law can file a probate and preserve its claim prior to this deadline.
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Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died.
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Massachusetts has a short one-year statute of limitations for asserting claims against a decedent's estate. The one-year period commences on the date of death, and before the period expires, the creditor must file a lawsuit and serve the fiduciary with process.
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"The penal sum must equal the amount of the personal property (dollar for dollar)." Per MUPC at § 3-603, " a magistrate may approve a personal representative bond in any amount that meets the statutory requirements as the sufficiency of sureties is never determined by the magistrate.
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Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.
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Some estates settle or close within weeks or months, while others can take several years. ing to the Commonwealth of Massachusetts, “an estate must be probated within three years of the decedent's death.”
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ingly, where a will has been informally allowed, a contest may be filed within 3 years from the date of the testator's death or 12 months from the informal allowance of the will, whichever is later. In this situation, the contestant will file a petition for formal proceedings to adjudicate her claim.
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