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Your question is very broad and there are many websites where you can find articles about probating a will in Massachusetts. I have provided one such article in the link below.
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∙ 14y ago
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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.
Does a will have to be filed in probate court in Massachusetts?
A will needs to be filed with the probate court. That provides assurances that the estate will be properly administered and taxes paid.
Can a probate dispute be filed in federal court?
Generally, a dispute regarding a probated estate must be addressed in the probate court of jurisdiction. Decisions made at that level are generally appealed to a higher state court. In Massachusetts probate court decisions are appealed to the Massachusetts Supreme Judicial Court.
Is there a central register for wills?
Different jurisdictions have different rules for filing probates. In Massachusetts it is done by county at the Probate and Family Court. In Massachusetts, wherever you file a probate you can also file a will for safekeeping while the testator is still alive. There is no federal "central" register of wills.
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.
In Massachusetts where do you go to be named executor of your deceased parents estate?
You must file a petition in the county probate court. You can perform a quick search for the location in your jurisdiction by searching your county, state + probate court. For example: Middlesex County, MA - probate court.
At what Massachusetts court would you apply to be appointed as executor of an estate?
You would file in the County Probate & Family Court.
In what state must probate be filed?
State laws vary so you need to check the laws of the state where the decedent owned property. Generally, some type of probate filing is required wherever the decedent owned property that must pass according to the will or according to the state laws of intestacy.For example, suppose a decedent moved from Massachusetts to Florida and after moving to Florida executed a will that met the requirements of a valid will in Florida. The following is general information only.If the testator owned property in Florida, the will must be probated in Florida.If the decedent also owned property in Massachusetts, exemplified copies of the Florida probate must be filed in Massachusetts in order for title to pass to the beneficiaries. If the executor wants to sell the Massachusetts real property that power must be granted in the will or a license to sell must be obtained from the probate court.If there is no property in Florida, the valid Florida will can be filed for probate in Massachusetts with a petition for allowance of a foreign will and appointment of the executor. As long as the will meets the requirements for a valid will in the state where it was executed Massachusetts will allow it even if it doesn't meet the requirements for a valid will in Massachusetts.The same procedures would apply if the decedent died intestate. Exemplified copies of a valid administration must be filed in the state where the decedent owned property in order for title to pass to the heirs. If the property must be sold the administrator must obtain a license to sell from the Massachusetts court of jurisdiction. If no probate was filed in Florida then an original administration would need to be filed in Massachusetts.As with all probate matters you should consult with an attorney who specializes in probate who can review your situation and determine what you need to do.
What Massachusetts law describes who is responsible for a deceased persons credit card debt?
The probate code would explain the process for closing an estate.
Are life insurance benefits taxable in Massachusetts?
That is the beauty of life insurance! With a properly named beneficiary life proceeds are not taxed and they avoid probate.
How do you find the appointed court to your fathers will?
Check the county in which he died. You can perform an internet search using the county, state and "probate court". Such as "middlesex county, Massachusetts probate court". You should find the name and address of the court and contact information.
If one is married in one state but dies in another which state dictates property division of intestate property?
Generally, the laws of intestacy in the state where the property is located govern the distribution. For example, suppose a couple is married and has a residence in a community property state and a summer home in Massachusetts. Suppose one died in Florida, intestate (without a will). The property in Massachusetts would pass according to the laws of intestacy of Massachusetts. If the decedent had a will that was valid in the state where it was executed, the property in Massachusetts would pass according to the provisions in the will but the will, or exemplified copies of a foreign probate, would need to be submitted for probate in Massachusetts. Probate laws vary in different states. You must always consult with an attorney who is familiar with the law in both states to determine the legal advice particular to your situation.
