Is it necessary to go to probate Court?

UPDATED: Oct 1, 2022

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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

Asked on November 16, 2017 under Estate Planning, Massachusetts


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

Answered 5 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.

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