Probate & Estate Administration
When a loved one passes away, someone has to handle the legal work. We help executors and administrators understand their responsibilities and navigate the Massachusetts probate process from start to finish.
What Probate Actually Involves
Probate is the court-supervised process of settling a deceased person's estate. It involves filing the will with the Probate and Family Court, identifying and valuing assets, notifying creditors, paying outstanding debts and taxes, and ultimately distributing what remains to the beneficiaries.
Massachusetts uses the Uniform Probate Code, which modernized the process and created formal and informal tracks depending on the circumstances. Even so, probate can be time-consuming and confusing when you are already dealing with the loss of someone you love. We handle the legal work so you can focus on your family.
The Role of the Executor or Administrator
If you have been named executor in a will, or if the court appoints you as administrator when there is no will, you have a legal obligation, called a fiduciary duty, to act in the best interests of the estate and its beneficiaries. That responsibility includes:
Locating and filing the will. The original will must be filed with the Probate and Family Court in the county where the decedent lived.
Inventorying and valuing assets. You must identify everything the decedent owned, determine the date-of-death value, and report it to the court.
Notifying creditors and handling claims. Creditors have a right to make claims against the estate. You must follow the proper notice and claims procedures before distributing assets.
Filing tax returns. Depending on the size of the estate, a Massachusetts estate tax return, a federal estate tax return, and a final income tax return may all be required.
Distributing assets. After debts and taxes are settled, you distribute what remains to the beneficiaries named in the will, or under the Massachusetts intestacy laws if there is no will.
Many estates include assets that pass outside of probate entirely, like jointly held property, retirement accounts with named beneficiaries, and assets held in trust. Knowing what is in the probate estate and what is not is one of the first things we sort out together.
Trust Administration
If the decedent had a revocable living trust, their assets may pass entirely outside of probate. But there is still legal work to be done. As successor trustee, you must notify beneficiaries, inventory trust assets, pay trust expenses, file any required tax returns, and distribute assets according to the trust terms. We guide successor trustees through every step of this process as well.
When There Is No Will
When someone dies without a will, called dying intestate, Massachusetts law determines who inherits and in what shares. The result may or may not reflect what the decedent actually wanted. An administrator is appointed by the court to handle the estate, and the same obligations apply. We regularly represent administrators in intestate estates and can help you understand how the law distributes assets in your specific situation.