How do I probate my mother’s estate?

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How do I probate my mother’s estate?

Asked on August 27, 2013 under Estate Planning, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Did your Mother have a Will or did she die "intestate" meaning with out a Will?  Generally you file a Probate Petition with the Probate Court in the county in which she resided at the time of her death.  The person applying to be the fiduciary or Personal Representative must then gather assets and debt and pay off debt with the assets. There is notice to heirs and creditors that needs to be taken care of as well.  Once it is sorted out then the assets can be distributed.  Here is a link to the forms under the MA Courts:

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/mupchub.html

It can be very overwhelming so please speak with some one about help.  There are a lot of nuances like small estate, etc.  Good luck.

 


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