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Letters and probate fees Type of pleadingFiling feeFormal Probate of Will, Adjudication of Intestacy and Appointment of Personal Representative, Petition$375Formal Appointment of Successor Personal Representative, Petition$375Formal Removal of Personal Representative, Petition$100General Petition, Probate$15027 more rows
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. Determining heirs.
Letters of Authority: A document issued by the court evidencing the personal representative's authority to act. Nominee: The person seeking to be appointed personal representative. Personal representative: A person at least 18 years of age who has been appointed to administer the estate of the decedent.
People often want to avoid probate because it can be very time consuming and expensive with executor's fees, accounting fees, court fees, attorney's fees, appraisal costs, and surety bonds. The probate process can take about 12-18 months. Per Massachusetts law, ?an estate must be probated within three years.?
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.
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.
You'll need to file: Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160) Surviving Spouse, Children, Heirs at Law (MPC 162) A certified copy of the death certificate if it's available, or an affidavit if it's not. Citation-Return of Service (MPC 560), which the court will give you.
Submitting the Will: The first step in the probate process is for the executor to submit the will to probate court. In Massachusetts, there is no specific deadline for this, but it is generally advisable to do so within 30 days of the testator's (the person who made the will) death to prevent unnecessary delays.