If a person passes away and they have not made a will at the time of their death, they are referred to under the law as dying intestate. When a person dies intestate, the probate court usually deals with the situation, and there are certain benefits to this.
If you have a loved one who died without a will or if you want to learn more about how the probate process functions, it is important to learn about the individual steps that are taken in the probate process.
The probate process when a person dies without a will
The first step in the probate process should be to understand whether the estate qualifies under small estate probate exemption. If the estate is small enough, it will be able to bypass the process.
The county that the probate should be filed in will usually be the county in which the home is situated where the person lived. A death certificate should be filed at the courthouse.
You should then complete forms to Petition for Letters of Administration. When you do this, you will need to have the knowledge of the deceased person’s living relatives, with full names and contact information.
When you petition for probate, it needs to be made public. Therefore, publishing it in a local newspaper will likely be required, and all relatives must be notified so that they can have the chance to make a claim.
If you are dealing with a loved one’s estate in Massachusetts and they did not make a will, it is important to have a full knowledge of how the law works.