As we’ve discussed in one of our blogs in the past, not all assets are subject to probate. Likewise, not all estates must be processed through the formal probate procedures in Massachusetts.
In short, informal probate involves very limited court oversight. The process can be expedited if there are no objections by interested parties and so long as the will or estate is not in violation of any laws.
Not every estate can be managed through this informal process, however. Massachusetts informal probate cannot be used if:
- There is no official death certificate
- No will can be found
- The identity/location of any heirs are unknown
- An heir or spouse is incapacitated at the time or probate
- A minor is involved who is not represented by a guardian or conservator
Formal probate proceedings require more significant court oversight and involvement. The following lists a few of the situations which would require formal probate in Massachusetts:
- A public administrator or creditor is petitioning to open the estate
- A judge is required to sign a final decree
- Words are handwritten or crossed out on the will itself
- The wills terms are unclear or are in contention with interested parties
- The estate requires the appointment of a special personal representative
For help creating estate planning strategies that avoid or streamline probate, schedule a consultation today with a Massachusetts estate planning lawyer.
