Does an Estate Always Have to Be Probated in Massachusetts?

Many people are confused about the different laws that might apply to a Massachusetts estate. This has relevance for you as an individual, and also for loved ones who are stepping in to handle the administration or probate of a loved one’s estate.

What is Massachusetts Probate?
Probate in Massachusetts refers to the formal process of transferring property and ownership after someone has died. Whether or not an estate needs to be probated depends on how the individual property is titled when that person passes away.

Some properties, such as that which is jointly held might include a right of survivorship, meaning that this passes outside the probate process. Furthermore, bank and retirement accounts and proceeds from a life insurance policy pass outside of probate altogether as long as there is a beneficiary listed on the account.

When is Probate Likely Necessary?
Typically, a decedent’s estate needs to be probated in Massachusetts if you need to:

• Identify whether the will is valid
• Change title to personal or real estate property
• Obtain the decedent’s medical records
• Pay creditors of the decedent
• Pay taxes after filing the decedent’s tax returns

Being appointed the personal representative of a Massachusetts estate carries with it numerous different tasks and responsibilities. The selection of your personal representative in your Massachusetts estate plan is extremely important.

Sit down with a Massachusetts estate planning attorney to discuss further the selection of a personal representative and which of your assets could be exposed to the probate process without further planning.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.