Streamline Probate in Massachusetts: Essential Pre-Death Document Preparation

Disclaimer: This article is for educational purposes and does not constitute legal advice.

Detailed Answer

Gathering accurate information and documents before a person’s passing can reduce delays, lower costs, and simplify the probate process under Massachusetts law. Below are the key categories and why each matters:

1. Personal and Family Information
   • Full legal names, Social Security numbers, dates of birth and marriage, and divorce or death certificates. Probate petitions under Mass. Gen. Laws ch. 190B, § 3-701 require this data for every heir. (Mass. Gen. Laws ch. 190B, § 3-701)
2. Last Will and Codicils
   • The original will and any amendments. If no will exists, Massachusetts intestacy rules (Mass. Gen. Laws ch. 190B, § 2-102) determine heirs.
3. Trust Documents
   • Revocable living trusts or irrevocable trusts. Include schedules of trust assets and trust agreements to avoid probate on trust-held property.
4. Financial Account Records
   • Bank statements, brokerage accounts, IRAs, 401(k)s and beneficiary designations. Accounts payable on death to named beneficiaries bypass probate.
5. Real Estate Titles and Deeds
   • Copies of deeds, mortgage statements, property tax bills and appraisals. Clear titles expedite estate administration.
6. Insurance Policies
   • Life, auto, home and long-term care policies. Record policy numbers, carriers and beneficiary designations.
7. Debts and Liabilities
   • Credit card statements, loan documents, outstanding medical bills. A complete debt list helps the personal representative settle obligations.
8. Digital Assets and Access Information
   • Passwords, PINs, and access instructions for email, social media, cryptocurrency and online accounts.
9. Recent Tax Returns
   • Federal and Massachusetts income tax returns for the last three years. Executors use these to prepare final returns.
10. Funeral and Burial Instructions
    • Prepaid funeral contracts, cemetery deeds or written preferences to honor the decedent’s wishes.

Once the decedent passes, the personal representative must file an inventory and appraisal of probate assets under Mass. Gen. Laws ch. 190B, § 3-702. (Mass. Gen. Laws ch. 190B, § 3-702) Small estates under $25,000 in personal property (excluding real estate) may qualify for a simplified affidavit procedure per Mass. Gen. Laws ch. 190B, § 3-302. (Mass. Gen. Laws ch. 190B, § 3-302)

Helpful Hints

• Keep an updated inventory of assets and documents in one secure location.
• Store originals in a safe deposit box and share key location details with your executor.
• Digitize important papers and maintain a password manager for digital assets.
• Review beneficiary designations annually, especially after major life events.
• Inform your chosen personal representative of document locations and your wishes.
• Consider consulting a probate attorney to align your documents with Massachusetts requirements.