Executor Of Estate Form After Death With No Estate In Massachusetts
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FAQ
Yes, you can have an executor without a will. Even when there is no will, someone has to manage the estate and figure out how property should be distributed. The individual must be appointed by the probate court before they can proceed.
Non-probate assets are those that seamlessly transfer to their intended recipients without the need for probate court intervention.
In California, there's no strict deadline for filing probate after death, but it's advisable to begin the process as soon as possible. Delays in filing can lead to complications, such as the estate's assets becoming unmanageable or creditors taking legal action to collect debts.
Despite the difficulties, not all estates require probate. The need for probate is determined by various factors, including the type of assets owned by the deceased and how they are titled, whether there are joint owners or beneficiaries, and the value of the assets.
If the decedent died with a will — The person with legal priority is the person named in the will to serve as personal representative or executor. If the decedent died without a will — The person with legal priority is the surviving spouse.
You'll have to file a request in the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the legal executor representing the estate. In addition to the petition, you'll need to file a valid will, if one exists, and the death certificate.
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) Devisees (MPC 163) The original will. A certified copy of the death certificate. Notice of Informal Probate and Return of Service (MPC 550)
In general, executors are expected to distribute assets within several months to a year, though larger or contested estates may take longer. Probate courts often set deadlines for filings, but final distribution typically occurs only after debts, taxes and administrative expenses are settled.
An executor is often named in a decedent's will, but they may also be appointed by a probate court after volunteering or being called upon to serve. If a decedent has not left a will, a probate court will appoint an executor if it finds that this is necessary.
In Massachusetts, the appointment process for becoming an executor often starts with a nomination within the deceased person's will. In order to serve as an executor, the individual named must be at least 18 years old and of sound mind, meaning they are mentally competent to carry out the duties required.
