What is Massachusetts probate and why should I avoid it?

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 an expensive process; however, it can take time. In fact, the estate is required to stay open for one year from the date of death so that creditors have time to file any claim.

Probate can be avoided by having assets 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.

For more information please see our web site about Massachusetts probate administration.