Massachusetts Petition For Order Requiring Production of Will
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FAQ
In Massachusetts, creating a living trust will help you avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will) naming someone to take over as trustee after your death (called a successor trustee).
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.
If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor. If the decedent died without a will ? The person with legal priority is the surviving spouse.
The will must be filed in the county where the decedent last resided with the Probate and Family Court Department so the personal representative may be granted ?Letters? and proceed with the administration of the estate. Someone who dies without a will is called ?intestate,? which invokes the strict laws of intestacy.
Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.
If the decedent died without a will You'll need to file: Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150) Surviving Spouse, Children, Heirs at Law (MPC 162)
Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.