Massachusetts Probate & Estates Attorney

Probate Lawyer Massachusetts: What to Do If Your Loved One Passes Away Without a Particular Kind of Estate Plan

If you are going through the Probate process, we are here to help.

If a loved one passed away without a proper estate plan, you may be looking at a lengthy legal process known as probate or estate administration. This is a court-managed process through which the deceased’s assets are managed and distributed. Probate administration involves managing the legal and financial steps required to settle a loved one’s estate after death. Even if your loved one had a Last Will and Testament, you will likely still have to go through the probate process. Problems can arise during probate, and you do not want to risk losing the assets your loved one wanted you to have. One of our attorneys can represent you during this process to ensure that your loved one’s intentions are honored and that your interests are considered. Our team of probate lawyers is committed to assisting clients and protecting their interests in the estate, acting in your best interest throughout the process.

When Does an Estate Have to Go Through Probate?

Depending on how your loved one’s assets and property are titled at the time of their death, some or all of their estate may have to go through probate. If the assets are jointly held and there is a right of survivorship, such as with joint bank accounts or the family home, they will pass directly to the joint owner. The same is true for any assets with a named beneficiary, such as a life insurance policy or retirement account. However, a simple Last Will and Testament will have to go through probate to determine if it is valid.

You will also have to probate the deceased’s estate if you need to:

• Pay creditors.
• Get medical records.
• File tax returns and pay taxes.

The deceased refers to the individual whose estate is being administered.

Finally, any property that is held only in the deceased’s name without named beneficiaries will have to be probated, even if the assets are included in a valid Will.

How the Probate Process Works

Every personal estate is unique; the probate process will differ slightly from one person to another. In general, however, the process in Massachusetts is as follows:

• A petition is filed with the proper probate court.
• A notice is issued to heirs named in the Will or to statutory heirs if no Will exists.
• A petition is filed for the court to appoint the executor named in the Will or an administrator for the estate if no Will exists. The personal representative or administrator is officially appointed by the court, and executors and trustees have fiduciary duties to act in the best interest of the estate and beneficiaries.
• The executor or estate administrator conducts an inventory and appraisal of estate assets.
• Any debts held by the estate are paid to rightful creditors.
• Estate assets are sold, if necessary.
• Estate taxes, if applicable, are paid.
• Assets are distributed to heirs.

Various parties are involved in the probate process, including executors, trustees, beneficiaries, and family members. Trustees play a key role in managing estate assets and must fulfill their fiduciary duties. Administering the estate requires responsible and efficient management, and those administering the estate must adhere to their legal duties. Access to the deceased’s accounts and property is essential for proper estate administration. Our team of probate lawyers has deep knowledge of Massachusetts law, including Boston-specific procedures, ensuring efficient and responsible administration of estates.

In most cases, the estate must be probated within three years of your loved one’s death. It can take anywhere from a few months to over a year to probate a simple estate, but complications can arise. Efficient administration is important to minimize delays and costs. It is not uncommon for someone to object to the Will at some point during the probate process, which can mean lengthy and expensive litigation. If several versions of a Will exist or family members dispute their share of an inheritance, the probate process will become much more complicated. Allegations and claims, such as mismanagement or breach of fiduciary duties, may arise during probate litigation, and it is important to support these with evidence.

How to Avoid Probate

Once your loved one is gone, there is no way to avoid probate. However, working with an experienced probate attorney can take a lot of the hassle off your plate so you can grieve and support your family at this difficult time. If the estate is straightforward, it may not require extensive legal intervention, but complex estates benefit from professional guidance to ensure proper settlement and administration.

If you have not yet lost your spouse, or you do not have a Living Trust for your own assets, you can take action now to prevent your family from having to go through probate later on. A well-drafted and properly funded Living Trust can avoid probate altogether for your beneficiaries. If you work with one of our attorneys now, you can protect your assets and save your heirs from the probate process.

Allow Us to Help You at This Difficult Time

If you have just lost a spouse or parent, you have a lot to cope with. If that person had no estate plan or just had a simple Will, you would also face probate. Do not go through that alone.

We are here to meet all of your elder care, estate planning, and probate needs.

You may have thought that because your loved one had a Will, their assets would pass smoothly on to their heirs upon their death. However, this is usually not the case in Massachusetts. Many types of assets will likely have to go through a difficult court process called probate. One of our experienced probate attorneys can guide you through the process, freeing you up to cope with your loss and attend to your family. Our team is dedicated to assisting clients with all aspects of probate administration, including settlement and resolution of disputes.

Unless your loved one had an Irrevocable Living Trust, at least some of their estate will probably have to go through probate before it is distributed to heirs. If there is a Will and someone contests it, the process can be even longer and more burdensome. Fraud and undue influence are common grounds for contesting the validity of a will, and contesting a will involves a legal process that can be complex. If you are an executor of an estate or the closest heir, you should hire Monteforte Law, P.C., to help you through this difficult time. Different circumstances, such as complex assets, conflicting beneficiaries, or unexpected creditor claims, can complicate probate and require professional assistance.

To schedule your Strategic Planning Session, please call our office at

978-657-7437, or schedule online!

We encourage you to contact our team for a consultation regarding probate issues or for assistance with your loved one’s estate. Our probate lawyers are here to help you understand your options and guide you through every step.

Please note:You will receive a wider range of availability if you schedule by phone.

Introduction to Estate Planning

Estate planning is a crucial step for anyone who wants to ensure their loved ones are protected and their wishes are honored after death. In Massachusetts, the probate process can be particularly complex, making it essential to have a comprehensive estate plan in place. A probate attorney or probate lawyer can assist you in drafting wills, establishing trusts, and designating beneficiaries, all of which help streamline the administration of your estate. Proper estate planning not only helps avoid unnecessary delays and expenses but also ensures that estate tax returns are filed correctly and that your assets are distributed according to your intentions. By working with an experienced attorney, you can create a plan that addresses the unique nature of your estate, protects your interests, and provides peace of mind for you and your beneficiaries.

The chaos of dying without a plan

When someone passes away without an estate plan, the aftermath can be overwhelming for their family. Without clear instructions, the probate court must step in to determine how assets are distributed, often leading to confusion, delays, and even disputes among heirs and beneficiaries. In Massachusetts, this process can be especially challenging, as the court appoints a personal representative—such as an executor—to manage the estate administration, pay outstanding debts, and transfer assets. Without a will or designated plan, conflicts can arise over who should serve as executor or how assets should be divided. A probate attorney or probate lawyer can help families avoid these pitfalls by guiding them through the process, ensuring that the estate is administered efficiently, and helping to resolve any conflicts that may surface. Having a clear plan in place is the best way to protect your loved ones from unnecessary stress and legal battles.

What happens to your assets and debts

After a loved one’s death, all assets and debts become part of their estate and must be managed through the probate process. The probate court oversees the administration of estate assets, which can include property, bank accounts, investments, and other valuables. At the same time, any outstanding debts or obligations must be identified and paid to creditors before assets can be distributed to beneficiaries. In Massachusetts, this process can be intricate, requiring careful attention to detail and strict adherence to legal requirements. A probate attorney or probate lawyer can provide invaluable guidance, helping families inventory assets, manage accounts, resolve debts, and ensure that the estate is settled in accordance with the law. With professional assistance, you can protect your loved one’s legacy and ensure that their property is transferred smoothly and efficiently.

The legal maze: probate and beyond

Navigating the probate process can feel like entering a legal maze, with numerous forms to file, deadlines to meet, and regulations to follow. In Massachusetts, the probate court requires specific documentation and procedures, including the filing of estate tax returns, payment of taxes, and resolution of any disputes among beneficiaries. The complexity of these requirements can be overwhelming, especially during a time of grief. A probate attorney or probate lawyer can help you navigate this process, ensuring that all legal obligations are met and that the estate is administered according to your loved one’s wishes. With expert guidance, you can avoid costly mistakes, resolve any issues that arise, and complete the probate process as efficiently as possible.

Family disputes and emotional fallout

The probate process can be emotionally charged, especially when family members disagree about the distribution of assets or the validity of a will. Disputes among heirs and beneficiaries can quickly escalate, leading to prolonged legal battles and added stress during an already difficult time. In Massachusetts, a probate attorney or probate lawyer can play a vital role in mediating conflicts, providing objective guidance, and ensuring that the estate administration process remains focused on honoring the deceased’s wishes. By working with a skilled attorney, families can resolve conflicts, reduce emotional fallout, and protect their relationships while navigating the complexities of probate. This support is crucial for minimizing stress and ensuring that your loved one’s legacy is preserved.