Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Massachusetts law, you may probate a will at any time after the testator’s death. There is no statute of limitations for proving a will, even if it dates back decades. The Probate and Family Court requires you to prove the will’s validity, the decedent’s death, and proper execution. Here are the key steps:
1. File a Petition for Probate
Submit a Petition for Probate in the Probate and Family Court of the county where the decedent last resided. Attach the original will. If the original is lost or destroyed, file a Petition for Probate of Lost Will under M.G.L. c.190, §5 (Section 5). This allows the court to admit a will based on credible witness testimony confirming its contents and due execution.
2. Provide the Death Certificate
Include a certified copy of the decedent’s death certificate with your petition. The court requires proof of death under M.G.L. c.190, §6 (Section 6).
3. Notify Interested Parties
Serve notice on all heirs, beneficiaries, and creditors as outlined in M.G.L. c.190, §3 (Section 3). Proper notice reduces the risk of later challenges.
4. Attend the Probate Hearing
Appear at the scheduled hearing to present witness testimony. Witnesses must confirm the decedent signed the will and that the formal witnessing requirements were met.
5. Obtain Letters Testamentary
If the court admits the will, it issues Letters Testamentary to the appointed personal representative. This document grants authority to marshal assets, pay debts, and distribute property under the will’s terms.
Helpful Hints
- Preserve the original will and document its chain of custody.
- Locate at least two disinterested witnesses to confirm due execution if the original is lost.
- Gather beneficiary and heir contact information early.
- Search for any later wills or codicils to avoid conflicting documents.
- Consider consulting probate counsel if disputes arise.