The Massachusetts Checklist for Informal Probate is a set of instructions and requirements to guide the executor or administrator of an estate through the process of an informal probate. This checklist outlines the steps necessary to open an estate, collect assets, pay debts and distribute property. There are three types of Massachusetts Checklist for Informal Probate: General Checklist, Checklist for Small Estates, and Checklist for Estates with Real Property. The General Checklist includes steps such as filing the Petition for Informal Probate, giving notice to interested parties, inventory of assets and liabilities, and preparing and filing an accounting. The Checklist for Small Estates includes steps such as filing the Petition for Informal Appointment of Personal Representative, giving notice, inventory, and final accounting. The Checklist for Estates with Real Property includes steps such as filing the Petition for Probate of Will, giving notice, collecting and inventorying assets, paying expenses, and filing the Final Accounting.
Massachusetts Checklist for Informal Probate
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FAQ
If the person died without a will, you can still proceed with informal probate if there is no dispute regarding the identity of the heirs. Formal probate means that the estate must be opened by filing a petition for a hearing before the probate court and can mean continued involvement of the court.
Informal probate is only available if: You have the original will. You have the official death certificate. You know the location and identity of all heirs and devisees (someone who receives real property) The person who will be appointed personal representative has priority for appointment.
Assets that Don't Have to Go Through Probate Assets in a trust. If a person created a living trust, the assets in the trust wouldn't have to go through probate.Property held in joint tenancy with rights of survivorship.Joint accounts.Assets with POD or TOD provisions.Assets with a beneficiary designation.
An Informal Petition may be submitted to the Court for review and consideration after giving just seven (7) days advance notice to the interested parties. Unlike the informal procedure, a Petition for Formal Probate is filed with the Court prior to giving notice.
The probate process can take about 12-18 months. Per Massachusetts law, ?an estate must be probated within three years.? Many factors can delay the probate process. As a Massachusetts probate lawyer, I can help work to avoid the delays and ensure that any complications that occur are resolved quickly.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .
In order to challenge a will in an informal probate, you must file the will challenge within one year of the date of filing of the informal probate petition. So a critical first step is to determine the starting date for this one-year period.