Massachusetts Sample Letter for Estate Administration
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How to fill out Sample Letter For Estate Administration?
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FAQ
Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
The following assets are exempt from probate in Massachusetts: Property jointly owned with right of survivorship. Property held in tenancy by the entirety. Accounts with transfer-on-death (TOD) or payable-on-death (POD) designations. Small estates (under $20,000) Certain life insurance policies. Certain retirement accounts.
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.
What Documents Do I Need for a Letter of Administration? The original death certificate. A copy of the Will, if there was one. A statement of assets and liabilities within the Estate. A copy of the titles for any property owned (real estate, vehicles, etc.) Letters from any banks where accounts are held.
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.
Letters Testamentary is the name for a document issued by the Surrogate's Court that permits the executor of an estate to act on behalf of a person who died with a will.
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.
