There are many different factors that can influence the time it takes from the filing of an official will to the conclusion of that estate’s time in probate administration. Furthermore, one important influence on the time it takes to probate a will is the personal representative’s diligence in completing this job.

Furthermore, involvement from outside parties, such as the IRS and the court can influence the length of time that it takes to settle an estate. Much of the work involved in probating a will in the Commonwealth of Massachusetts is completed within less than a year, but the entire process can sometimes take over two years.

From formally opening probate to payment of creditors to tax returns and more, it is the responsibility of the personal representative to understand his or her important role in reviewing and closing out an estate.

During this time period, however, the personal representative should be making forward progress in closing out the estate and keeping relevant parties in the loop about the stage of the case. A beneficiary who cannot get access to the personal representative or has not heard from him/her in some time could eventually make a legal claim that the personal representative should be removed.

A beneficiary who believes that the personal representative in a Massachusetts estate is not properly handling all aspects of administration could bring a challenge to the personal representative in court with the help of a probate litigation 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

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