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Massachusetts probate

In Massachusetts probate is the court process of proving the validity of a will. If there is no will, the process proves who the next of kin are, to determine who takes the estate. In Massachusetts, probate is not necessarily an expensive process; The estate is required to stay open for one year from the date of death so that creditors have time to file any claim. The probate legal fees can be hourly or a set percentage of the estate. We are experienced litigators who can defend the will and or challenge it in a will contest. For many cases there is no upfront retainer. That is we can get you appointed administrator and enter the will in Probate Court and you don't have to pay us until the estate accounts are set up and funded. Ask us about our NO RETAINER program.

Probate Assets

Probate assets that must go through estate administration generally consist of sole assets; that is assets that are held solely in the name of the deceased. Non Probate assets are usually held in a form that will pass title to others after your death by operation of law. This includes joint ownership of assets or assets where a beneficiary can be named, such as life insurance, IRAs, pension plans, etc. The assets transferred to living trusts prior to death are also not subject to probate, but are controlled by the trust agreement. See our page on Frequently asked probate questions for Massachusetts Probate Administration. Visit this link to find out Massachusetts Executor Duties.

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