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The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration. Determining heirs.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one. The petitioner, or affiant, must provide detailed information about the estate, the property in question, the decedent, and any other potential heirs.
Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
Most of the Massachusetts county probate courts also have an online index of probate records that can be searched from the comfort of your home. This can make it easier to find the record you are looking for without having to contact the court directly.
If the decedent died without a will You'll need to file: Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150) Surviving Spouse, Children, Heirs at Law (MPC 162) A certified copy of the death certificate.
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.?
Otherwise, to get a copy of a will, you'll need to start by finding the case on MassCourts. Once you're on the website, choose "Probate and Family Court" from the drop-down "Court Department." Choose the applicable county from the drop-down "Court Division." Enter the decedent's first and last name and click "Search."
Records from 2009 - present For records of estate cases from 2009 through 2021 from any county, you can search for the record on masscourts.org. If you can't find the record you're looking for there, please contact your local Probate & Family Court.