Probate in Massachusetts | MA Legal Resources | FastCounsel

Mortgage Payments and Utility Bills During Probate in Massachusetts

Detailed Answer This section explains, under Massachusetts law, how mortgage payments and utility bills are handled while a decedent’s estate is in probate. It uses simple, hypothetical facts so you can see the typical rules and choices available. Basic rule: the debt and services stay with the property or account — not automatically with heirs […]

Read article →

Deciding Which Assets to List on a Massachusetts Small Estate Affidavit

Detailed Answer Summary: In Massachusetts, a small estate affidavit is a short, informal way for a person entitled to inherit to collect certain kinds of personal property owned solely by the decedent without opening a full probate administration. Whether an asset should be listed on the affidavit depends on (1) how the asset was titled […]

Read article →

Massachusetts — How to Find a Missing Parent as Next-of-Kin During Probate

Disclaimer: This is general information only and is not legal advice. Consult a Massachusetts probate attorney for guidance tailored to your situation. Detailed Answer When you are identified as a next-of-kin in a Massachusetts probate matter and a parent cannot be located, the probate process requires you to take careful, documented steps to locate that […]

Read article →

Massachusetts: Including Right-of-Survivorship Assets in a Probate Inventory

Quick explanation Short answer Generally no. Assets that pass automatically to another person by right of survivorship (for example, a joint bank account titled as joint tenants with right of survivorship or real estate held in joint tenancy) typically pass outside probate and are not part of the decedent’s probate estate, so they are not […]

Read article →

Massachusetts — How to Confirm a Bank Account Is Under the Small Estate Limit

Detailed Answer Disclaimer: This is general information, not legal advice. Consult the Probate and Family Court or an attorney to confirm how the rules apply to your situation. Overview — what you need to confirm To use a small‑estate or simplified process you must confirm two things: (1) the correct statutory small‑estate threshold in Massachusetts, […]

Read article →

How to use a small-estate affidavit in Massachusetts to claim a deceased parent's bank account

Using a small-estate affidavit in Massachusetts: what to expect and how to claim a deceased parent's bank account Note: This is educational information only and not legal advice. Consult a Massachusetts probate attorney or the Probate & Family Court if you have questions about your situation. Detailed answer — how the small-estate collection process generally […]

Read article →

Massachusetts: Does appointment as guardian of the person also make you guardian of the estate?

Do you automatically get control of someone’s finances when appointed guardian of the person in Massachusetts? Detailed answer — what Massachusetts law generally requires No. In Massachusetts, authority over personal care and authority over money are separate. A court appointment that gives you responsibility for the adult’s personal care does not automatically give you legal […]

Read article →

Massachusetts: Do I Need to File a Federal Tax Return for an Estate If No Distributions Were Made?

When an Estate Must File Federal Tax Returns — A Clear Guide for Massachusetts Executors This FAQ-style article explains when a federal tax return is required for an estate, even if the executor has not made any distributions from estate accounts. Detailed Answer — Do you need to file a federal return for the estate […]

Read article →

Massachusetts: How to Transfer Brokerage Account Assets into an Estate Checking Account

Transferring Brokerage Assets into an Estate Checking Account — A Practical Massachusetts Guide Short answer: If the brokerage account is solely in the decedent’s name, the personal representative (executor or administrator) appointed by the Probate and Family Court must present proof of authority (Letters) and a death certificate to the brokerage. The brokerage will then […]

Read article →

Selling a Co-Owned Property in Massachusetts to Pay Funeral and Property Tax Costs

When co-owners need to sell a jointly owned property in Massachusetts to pay funeral and property tax costs Detailed answer — what to know and what to do This answer explains the common legal routes to sell a co-owned property in Massachusetts so proceeds can pay funeral bills and overdue property taxes. It assumes no […]

Read article →