One of the most complicated aspects of resolving someone’s estate and filing a will is the probate process. Probate occurs in all states throughout the country and involves the appointment of an executor in some places, known as a personal representative, to oversee the distribution of assets. 

Is an Estate Lawyer Right? Should I Avoid Probate?

You might have heard, either through an MA estate lawyer or a loved one, that probate can be a problem worth avoiding in estate administration. 

The probate process can be very cumbersome because the estate must be settled with creditors and debts before any assets can be distributed to chosen beneficiaries. Probate is also a public process, meaning that once the will is filed with an area court, the contents of it are eligible for research from other people.

An Estate Lawyer’s Perspective on Other Probate Issues 

Probate can also be extremely time-consuming. It is a great deal of work to gather all of the different assets, publish notification of the death, communicate with beneficiaries to effectively manage and protect these assets while probate is pending, file final income tax and estate tax returns, sell property and deal with many other aspects of closing out someone’s estate. 

It is very beneficial to sit down with a knowledgeable estate planning attorney in your region to discuss what aspects of your estate may be exposed to probate and how you can proactively reduce the stress your loved ones feel in that situation. Communicating with a qualified lawyer is strongly recommended since an attorney can help you to draft a customized estate plan aligned with your individual needs. Contact our offices today to set up your first meeting to discuss options.


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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