Massachusetts Release and Indemnification of Personal Representative by Heirs and Devisees

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Multi-State
Control #:
US-0634BG
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Word; 
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Description

A receipt and a release by the heirs and devisees is a prudent devices for a personal representative to protect himself or herself from subsequent claims.
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FAQ

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.

To commence a formal proceeding, an interested person must file a petition for formal probate with the court. The court will then issue a document called a 'citation,' which must be served on heirs and other interested parties at least fourteen days before the return date listed on the citation.

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.

Under Massachusetts law, general (unsecured) creditors have one (1) year from the date of death to file a claim against an estate. An example of a general creditor is a collection agency attempting to obtain payment on outstanding credit card debt.

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.

Probate is always needed to deal with a property after the owner dies. However, other organisations such as the deceased's bank, insurer, or pension provider may also request to see a Grant of Probate before releasing any money held in the deceased's name.

Living Trusts In Massachusetts, creating a living trust will help you avoid probate for virtually any asset you ownreal 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).

To avoid having an estate go to probate in Massachusetts, you would need all the assets to have named beneficiaries. In some instances, this happens in the normal process of setting them up. For instance, a life insurance policy or retirement account will usually have someone named as beneficiary.

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.

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Massachusetts Release and Indemnification of Personal Representative by Heirs and Devisees