If you have been named as a personal representative in another person’s will, you need to understand the overall process of Massachusetts probate. There are many different important steps that need to be taken as soon as possible after the deceased passes away. The first thing to note is that probate must occur in the county in which the deceased lived at the time of their death. From here, a case will be opened in the relevant Massachusetts probate court.
Probate might be necessary in different jurisdictions depending on if the deceased probably had property in multiple different states. The personal representative in a Massachusetts estate is responsible for overseeing the probate process and filing court paperwork but it is important to remember that being named as personal representative does not legally obligate a person to serve in this role.
If named, you can decline to serve as a personal representative, at which point the court will appoint a personal representative to fulfill the role that you previously would have taken on.
If you decide to stay as the personal representative, you have an obligation to manage the deceased party’s assets, you have a legal and fiduciary duty to act in the best interests of heirs and the deceased, and you need to provide notice to creditors and to potential heirs.
An experienced Natick estate planner or probate lawyer can help you to decide what is right for your individual situation and to help guide you through the probate process.
