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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.
The probate process in Massachusetts will take at least six months, however, it is not usual for it to take longer than a year, particularly since creditors have one year from the date of the decedents death to file claims against the estate. The more complex and contested an estate is, the longer it will take.
The probate process can take about 12-18 months. Per Massachusetts law, an estate must be probated within three years. Many factors can delay the probate process. As a Massachusetts probate lawyer, I can help work to avoid the delays and ensure that any complications that occur are resolved quickly.
In order to do this, youll need to be able to prove to the relevant authorities that you have control over the estate. Usually, this is managed by showing them a copy of the Grant of Probate if a Will is in place, or Letters of Administration, if the estate has been passed into intestacy.
Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedents estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.
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Wait Six Months (or sometimes longer) By law the Executor has to hold onto estate assets for six months from the date Probate is granted, and cannot pay out any money to the beneficiaries before this time is up.
A late and limited appointed personal representative cant get a license to sell the decedents real estate. The personal representative can only confirm ownership of probate assets in the successors and pay administration expenses.
Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died.
To obtain your letter of testamentary, you will need to file the will and death certificate in the probate court, along with forms asking for the letter of testamentary. Youll need to provide your information, as well as some basic information about the value of the estate and the date of death.
Who needs to apply for a grant of letters of administration? Children (or grandchildren if children have died)* Parents. Siblings (or nieces and nephews over 18 if siblings have died) Half-siblings (or nieces and nephews over 18 if half-siblings have died) Grandparents. Aunts or uncles.

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