This legal process is known as probate, and it occurs regardless of whether the deceased (also known as the decedent) had a valid will or not. In such a case, the executor or estate trustee named in the will may administer the estate without obtaining probate.What is the procedure in a small estate without a Will or surviving spouse or domestic partner? Even if a person dies without a will in Massachusetts, probate is still required to transfer their property to their heirs. Eckert Byrne LLC offers a comprehensive and holistic approach to estate planning. Any sale, assignment or conveyance of the use of a lot or lots will be accepted if made in accordance with the provisions of law. Administration of estates without wills. The sales agreement was subject to existing by-laws, which the McGoverns assert permitted the transfer of the "deeded burial rights" with the approval of Mt. The Cemetery Law sets standards for the establishment, maintenance, and preservation of burial grounds in New York State. Public Cemetery Corporations. previous.