Massachusetts Instructions for Petition for Informal Probate is a document used when a person has died without a will (intestate) and the family wants to begin the probate process. This document includes instructions for filling out the formal petition for informal probate, which is filed with the probate court. The instructions cover the information needed for the petition, including the deceased person's name, date of death, and the names and addresses of the heirs and/or beneficiaries. It also provides a list of the required documents that need to be submitted along with the petition, such as a death certificate, proof of residency, and documents related to the deceased's assets. There are two types of Massachusetts Instructions for Petition for Informal Probate: a Petition for Informal Probate of Small Estate and a Petition for Informal Probate of a Larger Estate.
Massachusetts Instructions for Petition for Informal Probate
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How to fill out Massachusetts Instructions For Petition For Informal Probate?
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FAQ
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.
A magistrate can issue an informal probate order as soon as 7 days after the decedent's death. Informal probate is an administrative probate proceeding and is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge.
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.
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 .
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.