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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.
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).
How to Disclaim an Inheritance Put the refusal in writing. ... That written refusal must be received by the executor/trustee and probate court within nine months of the person's passing (or for minors in Massachusetts, within 9 months from the date the recipient turns 18 years old).
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.
(1) If the testator had no child living when the will was executed, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all the estate to the other parent of ...
Distribution of Assets if You Are Married with Children If you die without a will, your spouse inherits 100% of the remaining assets. However, over time, circumstances can change. Your spouse may remarry and have more children, potentially leaving your original children without the legacy you intended.
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.
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)