Get MA MPC 855 2012-2024

the personal representative is serving in a supervised administration, is a public administrator, or is otherwise court ordered to close the estate under the formal procedure; a judge must sign a decree. The fee to file a Petition for Order of Complete Settlement (MPC 855) is $75.00.

Informal probate is an administrative proceeding and is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. Hearings aren't required or allowed by the court. ... A magistrate can issue an informal order as early as 7 days after the decedent's (the person who has died) death.

The New Informal Probate Process This personal representative can be appointed in as little as seven days after a loved one's death, compared to the six weeks to five months it used to take to appoint an executor or administrator.

A will must be executed in accordance with Massachusetts laws to be admitted for probate. The will must be signed by the deceased person, or testator, and at least two mentally competent witnesses.

It generally takes about six to eight weeks from the time the papers are presented to the probate court to the time the executor becomes legally appointed.

Simplified Probate The personal representative, when authorized by the court, gathers property, pays debts, notifies the Massachusetts Division of Medical Assistance of the death, and eventually distributes the remaining property. This process is called Voluntary Administration.

The informal probate process involves much less court intervention than other probate procedures, such as formal or supervised probate. In an informal probate process, the court appoints an executor or supervisor who will manage the distribution of the deceased person's estate.

Thus, one of the differences between these two types of probate are the circumstances in which they are used. ... Informal probate proceedings are presided over by a MUPC magistrate, while formal probate proceedings are generally presided over by a judge. Another way regards whether hearings are involved.

Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the decedent's assets, paying his final bills and taxes, and, finally, distributing the remainder of the estate to his rightful beneficiaries.

When there is no will, or when an executor can't complete the task, a probate court will appoint one. Under state probate rules, executors are responsible for filing the petition of probate and the will with the probate court and then seeing the process through to final distribution of the deceased's assets.

In most cases, all of the executors named would apply for grant of probate on an estate. However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors. The non-applying co-executor may then object to the application, or ask to be a joint applicant.

But for estates in Massachusetts that exceed the small estate's threshold, and for which there is either no Will, or a Will (but not a Living Trust), probate will be required before an estate can be tranferred to the decedent's heirs or beneficiaries.

In Massachusetts, creating a living trust will help you avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will) naming someone to take over as trustee after your death (called a successor trustee).

The general rule is that an estate must be probated within 3 years of the decedent's death.

The American Association of Retired Persons has ventured that the costs typically range from 7-10% of the total gross estate, or averages around $1500-$2000. Other sources have suggested that the average cost of probate in Massachusetts might come in a little lower, at around 5%.