Massachusetts Sale of Real Estate-Administrator-Executor-Debts-Legacies-Charges of Administration
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FAQ
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 Massachusetts, once that person is appointed by the court to manage the probate estate, he/she is called the "Personal Representative". Before, adopting the Massachusetts Uniform Probate Code in 2012, this person was referred to as the "Executor" or the "Executrix". The bottom line is that they mean the same thing.
Does a Will Have to Be Probated in Massachusetts? Yes, a will must be filed with the court in the county where the decedent lived. The court will establish the validity of the will and ensure that all provisions in the will are upheld.
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.
A personal representative is the person appointed by the Probate Court to administer your estate after you pass. This role is often known as an executor. This appointment is critical to finalizing your estate and managing your assets in the meantime.
One of the most important reasons to make a will is to name your executor -- commonly called a "personal representative" in Massachusetts. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.
Family members as executors If there's someone in your family who you think will handle the job well, it can be a good idea to have them as an executor. For example, it's common to name one of your children, a niece or nephew or an adult grandchild.
The executor is also responsible for paying (with estate assets) any outstanding bills that the deceased owed at the time of his or her death, as well as collecting any money that was owed to the deceased and putting it into the estate for distribution to the beneficiaries.