How to verify and probate an old will discovered decades after execution in MA?
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 […]
Read article →How do intestacy rules apply in MA if no valid will is found?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When a Massachusetts resident dies without a valid will, their estate passes under the state’s intestacy rules, codified in the Massachusetts Uniform Probate Code (MUPC), M.G.L. c. 190B, §§ 2-101 […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Massachusetts?
Estate Administration and Unclaimed Property Claims in Massachusetts Disclaimer: This article is for educational purposes only and does not constitute legal advice. Estate Administration: Probate and Family Court The Probate and Family Court oversees estate administration in Massachusetts under Massachusetts General Laws Chapter 210. To open an estate, you file a petition in the Probate […]
Read article →What steps are required to open an estate proceeding in Massachusetts when no probate case exists?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Massachusetts probate attorney for your specific situation. Detailed Answer 1. Determine Testacy or Intestacy First, confirm whether the decedent left a valid will. If a will exists, you must petition for informal probate of will and appointment of […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a person dies in Massachusetts, their estate often goes through the Probate and Family Court in the county where they were domiciled. To determine if a probate estate has been opened for a decedent, follow these steps: Identify […]
Read article →What Documentation Is Required to Apply for Letters of Administration in Massachusetts?
Detailed Answer When someone dies without leaving a valid will (intestate) in Massachusetts, an interested person must obtain letters of administration from the Probate and Family Court to manage and distribute the decedent’s assets. The Uniform Probate Code, adopted in Massachusetts as M.G.L. c. 190B, outlines the necessary paperwork. Below are the key documents you […]
Read article →How to Locate and Identify Assets Held in Different Counties or States in Massachusetts
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. 1. Understanding Asset Types in Massachusetts Assets fall into three main categories: real property (land and buildings), personal property (vehicles, equipment, jewelry) and intangible assets (bank accounts, investment accounts, […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in Massachusetts?
Detailed Answer In Massachusetts the Probate and Family Court handles estate administration. Each county division stores records of probated estates, including wills, inventories, accountings, and petitions. To access these records you submit a formal request to the clerk’s office in the county where the estate was probated. The court typically requires the following information: Case […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in Massachusetts?
Detailed Answer Service of process means formally notifying someone of a pending lawsuit. Massachusetts law sets special rules when the recipient is a minor (under age 18) or an individual under court-appointed guardianship. Service on Minors Under Massachusetts General Laws Chapter 231, Section 55, you cannot serve process directly on an infant (minor). Instead, serve […]
Read article →What steps are required to transfer an out-of-state property interest in Massachusetts when all heirs agree without formal ancillary probate
Disclaimer This article is for informational purposes only. It does not constitute legal advice. Always consult a licensed attorney for guidance tailored to your situation. Detailed Answer When a Massachusetts resident dies owning real property in another state, heirs typically start an ancillary probate in that state. However, if all heirs agree and the property’s […]
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