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Anyone in Massachusetts who wants to challenge either a will or the person nominated in the will to serve as executor of the estate is required to file with the court a document known as an ?affidavit of objections? that is signed under the pains and penalties of perjury.
The objection is in the form of an affidavit which must be signed under the pains and penalties of perjury and filed within 30 days of the appearance deadline in the citation. The affidavit of objections is the single most important document in a will contest.
Depending on the size and complexity of the estate, this process can take anywhere from several weeks to a few months. The executor is typically given three months from the date of their appointment to submit this inventory to the court in Massachusetts.
An estate can be settled without formal probate in Massachusetts, regardless of whether there was a will, through a procedure called voluntary administration. The decedent's estate must not be valued at more than $25,000 or include real estate, and 30 days must have passed since the decedent's death.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one.
If an executor who has already been appointed by the Court wishes to resign, he/she must file a petition with the Court seeking permission to resign.
Beneficiaries May Request an Accounting There are situations when a beneficiary will request that the executor or trustee provide an accounting. This may be a formal or informal accounting, depending on the request. Regardless, the fiduciary has a responsibility to provide an accounting when requested.