Boston Massachusetts Heirship Affidavit - Descent

Category:
State:
Massachusetts
City:
Boston
Control #:
MA-02501
Format:
Word; 
Rich Text
Instant download

Description

This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.

The Boston Massachusetts Warship Affidavit — Descent is a legal document that establishes the rightful heirs of a deceased individual's estate. It is used in situations where the deceased person did not leave a will. The affidavit is crucial in determining the distribution of the decedent's assets, such as property, money, real estate, and personal belongings. The purpose of the Warship Affidavit is to provide evidence of the deceased person's family tree and identify the people entitled to inherit the estate. It is typically filed with the Probate and Family Court within the county where the deceased resided at the time of death. The affidavit contains important information about the deceased, including their full name, date of death, and last known address. It also includes details about the decedent's marital status, if applicable, and any surviving children, grandchildren, parents, siblings, or other close relatives. In addition to these details, the Warship Affidavit may require supporting documentation, such as birth certificates, marriage certificates, death certificates, and other records that establish the relationships between the deceased and their potential heirs. There are several types of Boston Massachusetts Warship Affidavit — Descent that can be filed, depending on the specific circumstances of the case: 1. General Warship Affidavit: This type of affidavit is used when there is no surviving spouse and the deceased person's estate is being distributed amongst their children, grandchildren, parents, and siblings. 2. Warship Affidavit with Spousal Waiver: If the deceased person had a surviving spouse who wishes to waive their rights to inherit from the estate, this version of the affidavit is filed. It allows for the distribution of the estate to the other legal heirs, excluding the spouse. 3. Warship Affidavit with Potential Unknown Heirs: In cases where there may be unknown or missing heirs, this type of affidavit is used. It includes a provision to account for the potential discovery of additional heirs in the future, ensuring fairness in the distribution of the estate. The Boston Massachusetts Warship Affidavit — Descent is a crucial legal document that helps establish the rightful heirs and determine the distribution of a deceased person's estate. It enables a smooth probate process by providing clear evidence of the family relationship and ensuring that the assets are distributed according to the laws of intestacy in Massachusetts.

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FAQ

Degrees of kinship are used to identify heirs at law in the ?next of kin? category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.

A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one.... Step 1 ? Wait Thirty (30) Days. Wait a minimum of thirty (30) days before filing the affidavit. Step 2 ? Complete Documents.Step 3 ? File With Probate Court.

The cost of probate in MA Probate can be very costly. It is not uncommon for total costs for a probate to easily reach upwards of 5% to 10% of the estate's total value.

There is not any legal timeframe for applying for probate, however much of the estate administration will not be possible until this is received, so it is generally one of the first things that is done. In the case of some small estates, probate may not be necessary.

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.

The decedent must have left an estate that consists entirely of personal property valued at $25,000 or less (excluding the value of a car). 30 days or more have passed since the decedent's death. The petitioner must be an interested person, but doesn't need to be a resident of Massachusetts.

Small estates Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.

In Massachusetts, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants ? children, grandchildren, or great grandchildren. If you don't, then your spouse inherits all of your intestate property.

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died.

Letters and probate fees Type of pleadingFiling feeSurcharge (if applicable)Small Estate Closing Statement$75Supervised Administration, Petition$375$15Termination of Trust, Petition$240$15Vacate a Formal Order, Petition$15027 more rows

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Boston Massachusetts Heirship Affidavit - Descent