Mpc 801 2025

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Whether an estate has to be probated depends on how the decedents (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
Since creditors have a year (after the death) to come forward with claims, probate in Massachusetts usually takes a year or so.
An Informal Petition may be submitted to the Court for review and consideration after giving just seven (7) days advance notice to the interested parties. Unlike the informal procedure, a Petition for Formal Probate is filed with the Court prior to giving notice.
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.
In Massachusetts, when one owner passes away, their share of the property automatically transfers to the surviving owner(s) without going through probate. This arrangement applies to various types of assets, such as real estate, bank accounts, and investment accounts.

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Massachusetts probate law requires any asset that is owned by the decedent at the time of their death to go through the probate process to change ownership. However, assets that are jointly owned with rights of survivorship, titled in a trust, or have a beneficiary designation will not need to go through probate.
Non-probate assets are those that do not require a courts involvement during the probate process, allowing for a smoother and quicker transfer to beneficiaries. These assets can include life insurance policies, retirement accounts, and properties held in joint tenancy, among others.

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