Is it necessary to go to probate Court?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it necessary to go to probate Court?

In my father’s will that has two witnesses and is notarized its states in
Article VI
‘ I stipulate that no license shall be required from the probate court in
order for my personal representative to sell or transfer any of my
property, real, personal or mixed

Would I still need to go to probate court. The personal representative is
stated.

Asked on November 16, 2017 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  Yes, the Proposed Executor still has to petitoon the Court to be appointed as Executor of the estate.  Is the Will old?  Meaning was it drafted a while ago?  It used to be that the Executor of an estate had to apply for a license to transfer the real estate of the decedent under MA law.  But that changed in 2012 when MA adopted new laws.  The article you are quoting is a specific grant to the Executor to allow them to sell property, which is proper in a Will in MA.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption