Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your circumstances, consult a licensed attorney in Massachusetts.
Detailed Answer
When someone dies owning property in Massachusetts, the probate process ensures that assets are inventoried, debts are settled, and remaining assets are distributed to heirs. Below is a step-by-step overview under Massachusetts law (Mass. Gen. Laws ch. 190B).
- Appointment of a Personal Representative. The court appoints a personal representative (formerly executor) to manage the estate. If the decedent named an executor in a valid will, the court follows that designation. Without a will, heirs may petition to become administrator. See Mass. Gen. Laws ch. 190B, § 3-201.
- Gathering Estate Assets. The personal representative locates bank accounts, real estate, investments, and personal property. They contact financial institutions, review title records, and secure valuable items to prevent loss.
- Inventory and Appraisal. Within 90 days of appointment, the representative must file a detailed inventory and appraisal with the Probate and Family Court. This list must itemize assets and assign fair-market values. See MGL c. 190B § 3-904.
- Notice to Creditors and Heirs. The representative publishes a notice in a local newspaper and sends direct notice to known creditors. Heirs and beneficiaries receive copies of the petition for appointment and inventory. Creditors have at least three months to file claims under MGL c. 190B § 3-701.
- Payment of Debts and Expenses. Before distributing assets, the representative pays valid debts, funeral costs, administrative expenses, and taxes. They may liquidate property if necessary.
- Distribution of Remaining Assets. After debts and expenses, the representative distributes the estate according to the will or, if there’s no will, under Massachusetts intestacy rules. Distribution follows either:
- Testate succession (per the will).
- Intestate succession set by MGL c. 190B § 3-101.
For delivery of assets, see MGL c. 190B § 3-1001.
- Final Accounting and Closing the Estate. The representative submits a final account to the court showing all receipts, disbursements, and distributions. Once approved, the court signs an order closing the estate.
Helpful Hints
- Keep organized records of every transaction and appraisal.
- Meet statutory deadlines: late filings can delay distribution.
- Communicate openly with all heirs to minimize disputes.
- Obtain professional appraisals for real estate and valuable personal property.
- Consider mediation if heirs disagree on distribution or valuation.