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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.
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) Devisees (MPC 163) The original will. A certified copy of the death certificate. Notice of Informal Probate and Return of Service (MPC 550)
Since creditors have a year (after the death) to come forward with claims, probate in Massachusetts usually takes a year or so. If there is a court battle over the will (which is uncommon), or if there are unusual assets or debts, it can take much longer.
When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? 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 fee for the work performed for the estate.
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.
Formal probate matters are typically heard by a judge and may involve 1 or more court hearings. You might need to file a formal probate for several reasons, including: To object to an informal probate. If the will is a copy or has handwritten words added (interlineations) or crossed out (deletions)