Q1: What is probate?
A: Probate is the legal process through which a deceased person’s estate is settled. The probate court oversees the distribution of assets, payment of debts, and validation of the decedent’s will (if there is one). At Boyd & Boyd, P.C., we guide families through every step of the Massachusetts probate process, minimizing delays and reducing stress during a difficult time.
Q2: When is probate required in Massachusetts?
A: Probate is required if a person dies owning assets solely in their name without a beneficiary designation or trust ownership. Common examples include individually owned real estate, bank accounts, or personal property. Assets held in a trust, jointly owned property, or accounts with designated beneficiaries typically bypass probate.
Q3: How long does the probate process take?
A: In Massachusetts, probate typically takes 12 to 18 months for a standard estate. However, more complex estates — those involving real estate, business interests, contested wills, or creditor claims — may take longer. Boyd & Boyd, P.C. works to streamline the process whenever possible and avoid unnecessary delays.
Q4: What are the steps involved in probate administration?
A: The basic steps include:
- Filing the petition with the probate court
- Appointment of a personal representative (executor)
- Notifying heirs, beneficiaries, and creditors
- Inventorying and appraising estate assets
- Paying valid debts and taxes
- Distributing the remaining assets according to the will or intestacy laws
At Boyd & Boyd, P.C., we assist executors and personal representatives throughout the entire process to ensure all legal obligations are properly met.
Q5: Can probate be avoided?
A: Yes, through proper estate planning. Techniques like using a revocable living trust, joint ownership with rights of survivorship, and beneficiary designations can help avoid probate entirely. Boyd & Boyd, P.C. designs customized estate plans to help families minimize or eliminate the need for probate.
Should Ask Questions (SAQs)
Q1: What risks does an executor face during probate?
A: Executors (also called personal representatives) are legally responsible for properly managing the estate. Mistakes — such as missing deadlines, failing to notify creditors, or mishandling funds — can result in personal liability. Boyd & Boyd, P.C. provides critical legal guidance to help protect executors throughout the probate process.
Q2: How are estate debts and taxes handled during probate?
A: Before any distributions can be made to beneficiaries, the estate must settle valid debts and taxes. This includes final income tax returns, potential estate tax filings, and creditor claims. Our firm ensures proper payment of obligations and advises executors on minimizing tax liabilities.
Q3: What if someone contests the will during probate?
A: Will contests can lead to costly, stressful litigation. Common grounds include allegations of undue influence, lack of capacity, or improper execution. Boyd & Boyd, P.C. is experienced in handling contested probate matters and works to protect the estate’s interests and the named beneficiaries.
Q4: What happens if there is no will?
A: If a person dies intestate (without a will), Massachusetts intestacy laws determine who inherits the estate. The probate court will appoint a personal representative, and assets will be distributed to heirs according to a set statutory order — which may not reflect the decedent’s actual wishes. We help families navigate intestate estates efficiently and fairly.
Q5: Can Boyd & Boyd, P.C. assist if I live out of state but need to handle a Massachusetts probate?
A: Absolutely. Many of our clients are family members who live outside of Massachusetts but need help administering an estate here. Boyd & Boyd, P.C. routinely represents out-of-state executors, providing complete probate services and keeping the process as smooth and stress-free as possible.
Probate doesn’t have to be overwhelming.
Trust Boyd & Boyd, P.C. to guide you through the Massachusetts probate process with experience, care, and efficiency.
Schedule Your Probate Consultation or Request Our Free Probate Checklist.
