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If you are not family and were never named in a previous will, you have no standing to contest the will. If the testator (the deceased) discussed an inheritance with you previously, write down as much as you can remember. Using this, estimate the dollar value (whether money or possessions).
There must be multiple witnesses of a will in order for it to be valid. In Massachusetts, there must be a minimum of two witnesses, and in most circumstances, they should not be set to benefit from the outcome of the will.
No, in Massachusetts, it is not necessary to notarize your will to make it legal. Massachusetts does, however, allow you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Technically, you can create your own will in Massachusetts. The only legal requirement is that you sign it in front of at least 2 witnesses and that those witnesses also sign the will.
When probate is granted, the will is kept by the Probate Service and any member of the public can get a copy. If you want to search for the will of a person who died recently, you can apply to the Probate Service for a standing search to be made.
Beneficiaries of a will must be notified after the will is accepted for probate. 3feff Moreover, probated wills are automatically placed in the public record. If the will is structured to avoid probate, there are no specific notification requirements.
In Massachusetts, if you are over 18 and of sound mind, and have the signatures of 2 witnesses, your handwritten will may be considered valid. However, there are some issues you should consider before deciding a handwritten will (also called holographic) is sufficient for your estate planning needs.
Obviously, the person who is named as executor or personal representative is entitled to a copy of the will. He or she is in charge of applying for probate, managing the decedent's property, and making sure the instructions in the will get carried out.
Will Probate Be Necessary? Probate court proceedings aren't always necessary. Usually, they are required only if the deceased person owned assets in his or her name alone. Other assets can probably be transferred to their new owners without probate.