The Massachusetts Petition for Formal Probate of Will and/or Appointment of Personal Representative is the legal document used to open a probate estate in the Commonwealth of Massachusetts. The Petition formally requests the court to recognize the validity of a decedent’s will and to appoint a personal representative, if necessary. There are two types of Massachusetts Petition for Formal Probate of Will and/or Appointment of Personal Representative: • Petition for Probate of Will: This type of petition is used when there is a valid will in place and the executor wishes to be appointed as the personal representative. • Petition for Appointment of Personal Representative: This type of petition is used when there is no valid will in place or when the executor of the will is unable or unwilling to serve as the personal representative. The Petition must be filed in the county where the decedent was domiciled at the time of their death, and must include the decedent’s name, address, and date of death as well as the names and addresses of the heirs and beneficiaries of the estate. Additionally, the Petition must include a verified inventory of the decedent’s assets and liabilities, the name and address of the personal representative, and any other relevant information.
Massachusetts Petition for Formal Probate of Will and/or Appointment of Personal Representative
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FAQ
When the probate court appoints a personal representative, it issues a document called "Letters." This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a reasonable fee for the work performed for the estate.
A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.
This personal representative can be appointed in as little as seven days after a loved one's death, compared to the six weeks to five months it used to take to appoint an executor or administrator.
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.
A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.
A personal representative is the person appointed by the Probate Court to administer your estate after you pass. This role is often known as an executor. This appointment is critical to finalizing your estate and managing your assets in the meantime.
In Massachusetts, once that person is appointed by the court to manage the probate estate, he/she is called the "Personal Representative". Before, adopting the Massachusetts Uniform Probate Code in 2012, this person was referred to as the "Executor" or the "Executrix". The bottom line is that they mean the same thing.
An Informal Petition may be submitted to the Court for review and consideration after giving just seven (7) days advance notice to the interested parties. Unlike the informal procedure, a Petition for Formal Probate is filed with the Court prior to giving notice.