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As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
When the probate court appoints a personal representative, it issues a document called "Letters." This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a reasonable fee for the work performed for the estate.
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.
An Affidavit of Heirship is a legal document used to establish the legal heirs of a person who died ?intestate?, which means without a will. This affidavit is typically used when the deceased person owned real estate and who can inherit the property needs clarifying.
The estate must meet these requirements to qualify for voluntary administration: The deceased person must have been a Massachusetts resident at the time of death. The estate can't contain any real estate. The assets left by the deceased must be valued at $25,000 or less (one vehicle can be excluded from this).
Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify.
A revocable living trust can be used to avoid probate. A trust holds legal title to property for the benefit of another person (?beneficiary?). The person who creates the trust (?the grantor?) chooses a manager (sometimes themselves), known as the trustee, to manage the assets in order to protect them.
The decedent must have left an estate that consists entirely of personal property valued at $25,000 or less (excluding the value of a car). 30 days or more have passed since the decedent's death. The petitioner must be an interested person, but doesn't need to be a resident of Massachusetts.