Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Massachusetts law, a surviving spouse may claim a family allowance from the decedent’s estate to cover basic living expenses during probate. This right is codified at M.G.L. c.190, §2. The statute requires proof of a valid marriage at the time of the decedent’s death. A complete and properly certified marriage certificate is the primary evidence to establish that legal relationship.
If the marriage certificate is incomplete or missing, the probate court may delay or deny the allowance claim until you prove the marriage. To address this issue, you can:
- Order a certified copy from the Massachusetts Registry of Vital Records and Statistics under M.G.L. c.46, §4.
- Request a correction for errors in the certificate under M.G.L. c.46, §9 if names, dates, or other details are wrong.
- If a certified copy remains unavailable, present secondary evidence, such as hospital records, church registers, or sworn affidavits from witnesses familiar with the marriage.
- File a motion with the probate court to admit secondary evidence and explain the steps you took to obtain the certificate.
By proactively obtaining or substituting proof of marriage, you help ensure timely processing of a family allowance claim. Courts generally favor protecting a surviving spouse’s right to support, provided they receive satisfactory evidence of the marriage.
Helpful Hints
- Start early: Request vital records several weeks before you file for probate.
- Keep copies: Retain certified copies of all documents and court filings.
- Collect affidavits: Ask family members or officiants to sign sworn statements verifying the marriage.
- Track deadlines: The family allowance claim must typically be filed within 10 days after the probate petition is submitted.
- Consult an attorney: A probate lawyer can guide you through evidence rules and court procedures.