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How does probate work in Massachusetts?

Probate is a process that is overseen by the courts after a person passes away. If a person has planned his or her estate in detail during his or her lifetime, the estate may be able to avoid the probate process completely, or the probate process may only be applicable to a small portion of the estate.

However, if the estate has no designation attached to it, such as payable on death bank accounts or trusts, it is likely that the entire estate will have to go through probate. Unfortunately, this process can be lengthy and costly. Therefore, it is important that loved ones understand the process that needs to be followed.

Going through an uncontested probate process

If a probate process is uncontested, this means that there are no family members disagreeing with the course of events and that they are all happy to follow the process without claiming the deceased person was manipulated into making gifts or drafting a will during his or her lifetime.

The standard probate process starts with collecting all the decedent's assets and making an inventory of them. When these have been collected, all debts, taxes and bills need to be paid so that the estate can be balanced. After this, all rights to income need to be collected, and then the remaining property can be distributed among the heirs to the estate.

If you need to go through the probate process in Massachusetts on behalf of a loved one, it is important to take the time to understand the intricacies of the law so that you can make the most informed decision possible.

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Casey & Lundregan, P.C.
71 Washington Street
Salem, MA 01970

Phone: 978-224-8893
Toll Free: 800-785-3588
Fax: 978-745-3607
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