Extract Data From Legal Massachusetts Family Law Forms For Free

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.

Here's a list of assets that must go through probate: Any real property like buildings and land that are solely held in the decedent's name or held as tenants in common. The decedent's share passes to their heirs or as outlined by their will.

The Probate and Family Court Department has jurisdiction over family-related and probate matters, such as divorce, paternity, child support, custody, parenting time, adoption, ending parental rights, abuse prevention, wills, estates, trusts, guardianships, conservatorships, and name changes. The court has 14 divisions.

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.?

For records of estate cases from 2009 through 2021 from any county, you can search for the record on masscourts.org. If you can't find the record you're looking for there, please contact your local Probate & Family Court.

In most cases, the court appoints a person called a personal representative to collect, manage, and transfer estate property to the devisees or heirs. If the decedent left a will, the court decides if the decedent's will is valid.