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Massachusetts Notice of Informal Probate and Return of Service

State:
Massachusetts
Control #:
MA-SKU-0668
Format:
PDF
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Description

Notice of Informal Probate

The Massachusetts Notice of Informal Probate and Return of Service is a document that is used to inform the parties involved in an informal probate proceeding of the status of the case. The document is necessary for the court to recognize the proceedings as valid, and it must be filed with the court. The notice must also be served to the interested parties, including the executor, heirs, and creditors, to inform them of the status of the case. There are three types of Massachusetts Notice of Informal Probate and Return of Service: Notice of Probate of Will, Notice of Appointment of Personal Representative, and Return of Service. The Notice of Probate of Will informs the parties of the court's acceptance of the will and the appointment of the executor. The Notice of Appointment of Personal Representative informs the parties of the court's decision to appoint a personal representative. The Return of Service documents the service of the Notice of Informal Probate and Return of Service to the interested parties.

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FAQ

The personal representative can close the estate by filing a sworn statement, which says that debts, taxes, and other expenses have been paid and that the estate assets have been transferred to the people entitled to inherit them.

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.

Informal probate is an administrative probate proceeding and is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge.

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.

In person. You can submit the forms and fees in person at the correct Probate & Family Court. If the decedent lived in Massachusetts ? File in the county where they lived when they died. If the decedent didn't live in Massachusetts ? File in any county where the decedent had property when they died.

Typically, you have to probate the decedent's estate if you need to: Find out if the decedent's will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent's name without any right of survivorship.

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.

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Massachusetts Notice of Informal Probate and Return of Service