Massachusetts Heirship or Descent Affidavit Questionnaire

Category:
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.

If all assets are joint, on the first death, the will may not need to be brought through the probate process. But because we have in Massachusetts a Massachusetts estate tax, it is necessary to compile a list of ALL assets of the deceased.

A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one.

These laws prioritize your closest family members, beginning with your spouse, followed by your children (if you're not married to their other parent), parents, siblings, and sometimes even cousins.

The general rule is that an estate has to file for probate within 3 years of when the decedent died. An executor is the person named in the will who will manage the estate. If there's no will, an administrator is appointed by a court to manage a decedent's estate.

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.

Typically, you have to probate the decedent's estate if you need to: Find out if the decedent's will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent's name without any right of survivorship.

Typically, it takes anywhere from nine to 12 months to probate a will in most cases when represented by a probate attorney, though some probate cases can take up to two years to settle an estate. To understand how long it takes to probate a will, it's critical to dissect the process and review each step.

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Massachusetts Heirship or Descent Affidavit Questionnaire