Understanding the Probate Process

The death of a family member is a heartbreaking and stressful event. Adding frustration and confusion is how to manage your loved one’s affairs after their death. Probate is the process in which the court grants a person the authority to manage assets on behalf of the decedent’s estate. Although you may have been named the Personal Representative in the Will, you have no authority to act until you are appointed by the court.

Most probate proceedings in Massachusetts are informal. An informal probate can be opened when there is a properly executed Will, of if the decedent died without a Will. If there are no major disputes between heirs and beneficiaries, an informal probate can be quicker and less stressful than a formal probate.

If there is a Will which cannot be located, is a copy, or has alterations, heirs cannot be located, or if supervision is required, a formal probate may be necessary.

Some estates may qualify for an expedited process called Voluntary Administration. If the decedent was a resident of Massachusetts and left an estate consisting entirely of personal property valued at $25,000 or less (excluding the value of a car), you may petition for voluntary administration after 30 days provided there was no other probate petition.