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To commence a formal proceeding, an interested person must file a petition for formal probate with the court. The court will then issue a document called a citation, which must be served on heirs and other interested parties at least fourteen days before the return date listed on the citation.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one. The petitioner, or affiant, must provide detailed information about the estate, the property in question, the decedent, and any other potential heirs.
The will must be filed in the county where the decedent last resided with the Probate and Family Court Department so the personal representative may be granted Letters and proceed with the administration of the estate. Someone who dies without a will is called intestate, which invokes the strict laws of intestacy.
To commence a formal proceeding, an interested person must file a petition for formal probate with the court. The court will then issue a document called a citation, which must be served on heirs and other interested parties at least fourteen days before the return date listed on the citation.
Informal probate is an administrative proceeding, which means that it is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. The court doesnt allow hearings for this process. Informal probate can be a faster process if you meet all the requirements.
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The decedent must have been a Massachusetts resident. The decedent must have left an estate that consists entirely of personal property valued at $25,000 or less (excluding the value of a car). 30 days or more have passed since the decedents death.
Typically, you have to probate the decedents estate if you need to: Find out if the decedents will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedents name without any right of survivorship. Pay the decedents creditors.
In Massachusetts, you can choose to file your will for safekeeping in your local county probate court. During your lifetime, you are the only person who can access the will from the courts files, but you can name a person to retrieve it upon your death.
Conversely, the appointment of a personal representative in formal probate cannot be made until after a number of other matters are considered and completed, including court-ordered notice to interested parties; thus the appointment in formal probate often takes an additional 2-3 months.
When someone dies without a will they are said to have died intestate and no one has immediate authority to act as their personal representative. Instead, one of their relatives needs to apply to the Probate Registry for a grant of letters of administration.

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