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Massachusetts Probate
When a Loved One Does Not Have Will or Trust
When no Will or trust exists, the property of your loved one is not distributed according to their wishes. Rather, it is distributed according to the statutes of The Commonwealth of Massachusetts. That is why estate planning in Massachusetts with a will or trust is so important. If your loved one had assets in his or her name but no estate plan, probate is required and an administrator for the estate must be appointed to follow the laws of “intestacy” in Massachusetts.
When probate is required, an interested party must file an affidavit of administration with the probate court. The Court requires a number of documents from the individual who applies to be the Administrator of the Estate in order to process the application. When an individual submits the required information to be the administrator of an estate, the next step involves a determination of whether there is the need for an estate bond. The bond acts as an insurance policy that the Administrator will perform his or her duties. Once the necessary forms are executed, and any required bond returned, the Administrator will receive letters of administration and administrator certificates. Estate bonding involves a financial evaluation of the prospective administrator by the bonding company. In some cases, an Administrator will be denied a bond and will not be able to serve as a personal representative to the estate if their credit rating is not acceptable.
The administration of an estate of a person who dies intestate (without a will in Massachusetts) is more challenging and complex. If the your loved one owned assets or property jointly with another person or in trust, probate is not necessary and his or her ownership interest automatically reverts to the surviving owner or beneficiary in the case of a trust. Massachusetts law establishes who will inherit the estate according to kinship. This is law as “intestate succession”. When there are no known relatives, the estate is considered to be in escheat and all property goes to the State of Massachusetts. Tax filings may be required however.
We have developed the helpful guide “What to Do When a Loved One Dies”, available free online, to assist people in their understanding the legal, tax and financial responsibilities after losing a loved one.
For more information on how you and your family can navigate the often times difficult and confusing Massachusetts probate process register to attend one of our free educational workshops online or by calling (800) 964-4295. We have also developed The Indispensible Guide to Estate Planning, available free online, which will help you discover how to protect your spouse, home, and life savings from the high cost of probate, creditors, predators, children’s divorces, and never-ending long-term care costs. We look forward to hearing from you.
