Informal probate is one method of streamlining your estate administration to make things simpler for your loved ones after you pass away. Hearings for informal probate are not required under informal probate procedures.

There are several circumstances that block informal probate, including:

  • No confirmed death certificate
  • The original will’s location is not identified
  • The person who ultimately is approved as the estate’s personal representative does not possess priority for appointment.
  • The location of beneficiaries is not known
  • Any of the orders require a signature from a judge
  • Any kind of supervised visitation is required

Formal probate could be triggered if there are written additions or lines crossed out on the will, the will’s terms are unclear, minor heirs or incapacitated heirs require representation to be appointed by the court, or if a public administrator or creditor is the one initiating the petition for probate.

If you’re not sure which of these procedures applies to your estate, a Massachusetts estate planning lawyer can walk you through what to expect and which strategies align well with your individual goals.

Streamlining estate administration for the benefit of your heirs might involve trusts, a will, and other tools. Create a customized solution with the help of a lawyer.

 

 

 

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.

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

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 →

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