Probate
The loss of a loved one is difficult enough without the added stress of having to make important financial decisions or deal with confusing, difficult estate administration and estate settlement processes while grieving. Although our goal is to help clients implement estate plans in advance to avoid the probate process, if your loved one didn’t have an estate plan, including a last will and testament, you may find that you need to administer his or her estate, and therefore, go through what’s known as the “probate process.” We are here to help you with every aspect of probating your loved one’s estate, including:
- Gathering all property from the estate and assessing its value
- Collecting all investment income such as dividends, stocks, etc.
- Determining payment methods for all claims, debts and taxes against the estate
- Preparing estate tax returns
- Distributing property to beneficiaries and heirs
We understand what you are going through during this difficult time, and our probate attorneys will guide you through the probate process compassionately and efficiently, and can assist you with all your probate registration, probate administration, and estate settlement needs.
Learn more about revocable trusts and how they can help you avoid Probate Court/the Probate process.
Trust Administration
Massachusetts Trust Administration Attorney
We Can Serve As Trust Administrator
Trusts must be properly administered to make sure the trustmaker’s wishes are carried out. The steps involved in administering a trust include filings with the court, state taxing authorities, and the Internal Revenue Service, as well as notifying certain individuals in accordance with the law. In addition, opening bank accounts, settling creditor claims, paying the decedent’s final expenses, arranging for the sale of assets, and more must be accomplished—all while making sure that proper accounting is maintained throughout the process and provided to trust beneficiaries. Our trust attorneys bring years of trust administration service expertise to any client engagement.
Frequently Asked Questions About Probate and Trust Administration
What does a probate attorney do in Massachusetts?
A probate attorney helps families and personal representatives understand court filings, deadlines, creditor issues, asset transfers, and estate settlement responsibilities after a death. O’Connell Law guides Massachusetts families through each step with clear, practical support.
How long does probate take in Massachusetts?
The timeline depends on the estate, court process, creditor period, family dynamics, and whether disputes arise. Some estates can move efficiently, while others take many months or longer. An attorney can help keep the process organized and avoid preventable delays.
What is the difference between probate and trust administration?
Probate is the court-supervised process for administering assets that pass through a will or by intestacy. Trust administration usually happens outside court and involves carrying out the instructions in a trust. Both require careful attention to fiduciary duties and Massachusetts law.
Do all estates have to go through probate?
No. Assets held in trust, jointly owned assets, and accounts with valid beneficiary designations may avoid probate. Thoughtful estate planning can reduce the burden on loved ones after death.
Can O’Connell Law serve as or support a trustee?
Yes. O’Connell Law can serve as trustee in appropriate situations or support a family member, friend, or professional who is acting as trustee. Contact the firm to discuss trustee responsibilities and trust administration needs.
We Can Support You Regarding Decisions Related to Trustee Role
Failing to properly administer a trust can have serious legal and financial consequences for the trustee. If you have been asked to serve as trustee, the decision to do so should not be taken lightly. If you decide to serve as trustee, we can explain the risks to you and guide you through every step of the process. We can also work closely with your existing personal representatives and advisors to ensure the directives of the trust are carried out. If you decide you do not want to take on the responsibilities of trustee, we can help you select the appropriate representative. You can learn more about the various “helper” roles associated with estate planning and long-term planning on our “Helpers” page.
If you are faced with the prospect of probating an estate or administering a trust, contact our team of trust lawyers today to discuss your situation. You are not alone during this difficult time. We are here to help you through every phase of the trust administration or decision to become a trustee process, so that you and your family can focus on what is most important—taking care of your loved ones.
