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On average, probate in Massachusetts can take anywhere from several months to over a year. In this blog post, we'll delve into the factors that influence the length of the probate process in Massachusetts and provide some practical tips on how to navigate it efficiently.
You'll need to file: Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150) Surviving Spouse, Children, Heirs at Law (MPC 162) Devisees (MPC 163) The original will. A certified copy of the death certificate. Notice of Informal Probate and Return of Service (MPC 550)
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.
Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
Informal probate is only available if: You have the original will. You have the official death certificate. You know the location and identity of all heirs and devisees (someone who receives real property)
The petitioner is the personal representative (either an executor or administrator) who signs the petition. This probate procedure usually takes eight to twelve months, but can take longer if there are complications.
When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? 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 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.