The Massachusetts General Probate Petition is a legal document used in Massachusetts to open an estate and appoint an executor or administrator. This petition must be filed with the court in the county in which the decedent lived at the time of their death and is used to initiate the probate process. There are two types of Massachusetts General Probate Petition: the executor petition and the administrator petition. The executor petition is used when the decedent left a will and named an executor in it. The administrator petition is used when there is no will or the will does not name an executor. Both types of petition ask for information about the decedent, their estate, and the proposed executor or administrator. The petition must be accompanied by the decedent's death certificate, a list of heirs, and a list of creditors. The court will review the petition and make a decision about whether to approve it.
Massachusetts General Probate Petition
Description Massachusetts Probate Statement
How to fill out Massachusetts General Probate Petition?
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FAQ
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.
The probate process in Massachusetts will take at least six months, however, it is not usual for it to take longer than a year, particularly since creditors have one year from the date of the decedent's death to file claims against the estate. The more complex and contested an estate is, the longer it will take.
In person. You can submit the forms and fees in person at the correct Probate & Family Court. If the decedent lived in Massachusetts ? File in the county where they lived when they died. If the decedent didn't live in Massachusetts ? File in any county where the decedent had property when they died.
The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration. Determining heirs.
Letters and probate fees Type of pleadingFiling feeFormal Probate of Will, Adjudication of Intestacy and Appointment of Personal Representative, Petition$375Formal Appointment of Successor Personal Representative, Petition$375Formal Removal of Personal Representative, Petition$100General Petition, Probate$15027 more rows
How to Avoid Probate in Massachusetts Forming a Trust. A trust allows a third party ? the trustee ? to hold assets on behalf of beneficiaries.Joint Tenancy.Making Property Automatically Transfer on Death.Using Pay on Death (POD) Bank Accounts.Setting Up a Life Estate for Real Estate.
Letters and probate fees Type of pleadingFiling feeFormal Probate of Will, Adjudication of Intestacy and Appointment of Personal Representative, Petition$375Formal Appointment of Successor Personal Representative, Petition$375Formal Removal of Personal Representative, Petition$100General Petition, Probate$15027 more rows
Does a Will Have to Be Probated in Massachusetts? Yes, a will must be filed with the court in the county where the decedent lived. The court will establish the validity of the will and ensure that all provisions in the will are upheld.