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Does Massachusetts require probate following a death?

Updated: 8/20/2019
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12y ago

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If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.

If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.

If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.

If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.

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12y ago
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12y ago

If the decedent owned any property- yes. Real property cannot pass to the heirs legally until the estate is probated.

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Q: Does Massachusetts require probate following a death?
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Related questions

When is a probate procedure required in a family death in the state of Massachusetts?

Generally, a probate is required if the decedent owned any property.


In Massachusetts who is entitled to a copy of a will?

No one, prior to death of the testator. Anyone, after it has been filed in Probate Court.


What if a spouse tells probate you had no will when you know there is one and you told him you would hand it in but you lied?

Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.Your Will doesn't get filed in probate until after your death. It is against the law to withhold a decedent's Will from being filed in probate.


Does property go through probate before death certificate is made public?

No. Generally, the death certificate must be submitted with the petition for probate.


Do you have to go through probate if there is a living will?

A living will relates to the nature and extent of health care services that will be provided to you near the end of your life. Probate is the process of settling your estate following your death. Whether or not you have to go through probate after death depends on the nature and extent of your estate and the nature of your testamentary instruments. For more details see the following link: http://sandiegoestateplanningblog.blogspot.com/2010/02/do-you-have-to-go-through-probate-if.html The answer to this question is for educational purposes only and does not create an attorney-client relationship. You must consult with an attorney about the specific facts and circumstances of your case.


Is probate done while person is in nursing home or is after death?

Probate is done only after death. Prior to that, the individual still controls their own assets.


Does every will of a recently deceased person have to be probated?

Probate of a Will is a civil court action for the purpose of the orderly transfer of property from a deceased person's estate to his or her heirs. A Will is a formal document directing how the deceased person's property is to be distributed. If there is no property to distribute, there is no need to probate the Will even if there is one in existence.


I have a joint account with my mother. Upon her death do I have to go to probate?

Full ownership of that account will pass to you upon your mother's death without any need for probate.


Any problems with a will in a safe deposit box?

The will is needed for probate. Safe deposit boxes are often sealed at death until probate is concluded. That complicates probate.


What is the time allowed for probate court?

The statute of limitations for probating a Will is four years from the date of the decedent's death.


How do you request information about the Will from a widow?

If the decedent owned property at the time of death the Will must be probated. Once the Will has been filed in Probate it becomes a public document and you can visit the court and obtain a copy. If the Will isn't filed for Probate then you need to ask the surviving spouse. If the Will doesn't require probating then you have no right to see it.


Do assets with payable on death clause avoid probate?

Yes.Yes.Yes.Yes.