Probate FAQs

Probate is the court-supervised legal process used to settle a deceased person’s estate.  This involves validating the will (if one exists), appointing a personal representative, identifying and valuing assets, paying debts and taxes, and distributing remaining property to beneficiaries or heirs according to the will or Massachusetts law.

No. Many assets can pass outside of probate. Property held in a living trust, jointly owned assets with rights of survivorship, and accounts with named beneficiaries typically avoid probate. Proper estate planning can significantly reduce, or eliminate, the need for probate.

Most probate cases in Massachusetts take 9 to 12 months, however, more complex estates or those involving disputes take longer. Delays may occur if assets are difficult to locate, creditors file claims, or court filings are incomplete.

Yes. Probate is a public court process. Court filings, asset inventories, and distributions become part of public record. Many families choose estate planning strategies, such as living trusts, to keep their affairs private.

If there is no will, the estate is distributed according to Massachusetts intestacy laws. These laws may not reflect the deceased person’s wishes, especially for blended families, unmarried partners, or chosen family. The probate court will appoint a personal representative to settle and distribute the estate.

A personal representative is typically named in the will. If there is no will, the court appoints one according to state law; often a spouse or a family member. The personal representative is responsible for managing the estate throughout the probate process.

The personal representative is responsible for:

  • Filing required court documents
  • Identifying and securing estate assets
  • Notifying creditors
  • Paying valid debts and taxes
  • Distributing assets to beneficiaries or heirs

Many personal representatives work with a probate attorney to ensure everything is handled legally and efficiently.

In many cases, yes.  Estate planning tools such as revocable living trusts, proper beneficiary designations, and joint ownership strategies can help families avoid probate altogether.  We help clients explore options tailored to their goals and family dynamics.

While it is possible to handle probate without an attorney, the process is often complex and time-sensitive.  A probate attorney helps ensure legal compliance, prevents delays, and reduces stress, especially during a time of grief.

Assets that are owned solely by the deceased and do not have a named beneficiary typically go through probate. These may include:

  • Real estate held in the individual’s name
  • Bank or investment accounts without beneficiaries
  • Personal property

Assets held in trust or with beneficiary designations usually bypass probate.

Probate costs vary depending on the size and complexity of the estate. Expenses include court filing fees, publication costs, appraisals, and legal fees. Thoughtful estate planning can reduce both probate costs and delays.

Outstanding debts, funeral expenses, and final taxes must be paid from the estate before estate assets are distributed. Creditors are given a limited time to file claims, and only valid debts are paid according to Massachusetts law.

Unfortunately, yes. Probate can lead to misunderstandings, delays, and disputes, especially when plans are unclear or emotions run high. Clear estate planning and professional probate guidance can significantly reduce the risk of conflict.

At The Legacy Planners P.C., we provide steady, compassionate guidance through every step of the probate process. We handle court filings, asset management, and legal requirements enabling families to focus on healing and honoring their loved one’s legacy.

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