Draw On Legal Massachusetts Probate Forms For Free

Some states may require a lawyer for submitting them to probate court, but Massachusetts doesn't. A lawyer will save you time and headaches. A lawyer can make sure you don't make big tax mistakes or miss any deadlines. The larger and more complex your estate, the more reasons there are to get a lawyer.

In Massachusetts, if the total assets of the deceased are less than $25,000 and there is no real estate owned by the deceased, then a faster form of probate, called simplified probate, can be requested.

The probate procedure in Massachusetts is often very challenging, time-consuming, and complicated to the surviving family members. The best course is to try to avoid it and to have your assets in trust or pass ?outside of probate?.

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.?

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.

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.