PROBATE OF ESTATE

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A significant other has died and you need to get control of the checking account or the assets or pay the bills.  What to do first?

They say that nothing is more certain than death and taxes.  It is not a matter of "if" but a matter of "when" will this happen.  The loss of a loved one is a very emotionally and physically life changing event.  The survivors will carry this event with them for the rest of their lives. What should you do when this happens to your loved one.

These are questions, the answers of which, we can help you with.  Much of it depends on your relationship to the deceased.  If you are the next of kin, it is important to know if your loved one died with a Will, as the Will acts to direct you as to what that one's wishes were.  If such person died without a Will, the laws of intestacy will control.

If the deceased died with a Will, then the Will should be read to find out who the named personal representative is in the Will. Under the MUPC, the term "personal representative" has replaced the formerly used terms "executor", "executrix", "administrator" or "administratrix." In most cases, you or the next of kin, or their lawyer, will file a petition for an appointment for the named personal representative; or in the event that person is no longer living or does not wish to serve, another qualified personal representative may be selected.

It is very helpful to have a good Probate Attorney, as a Probate lawyer, can advise you as to the specific nuances in the probate law, especially one versed in the latest changes under the Massachusetts Uniform Probate Code "MUPC." Even if the deceased died "intestate", which is what it is called when a person dies without a Will, you will still need to petition the court to appoint a personal representative, which is the term used to identify the person who is acting to represent the estate with distributions according to the rules of intestacy.  

The Petition for Appointment is filed at the Probate Court in the county where the deceased was living at the time of death.  After the petition is filed, the court will require certain things to be done; and then will make a decision whether or not the person named in the Petition shall become the personal representative.  Much of this depends on whether or not the other heirs contest or file objections to the petition for appointment, in which case, the court may call a hearing on the matter. Once the petition is allowed, a Letter of Authority for Personal Representative (formerly called a Certified Letter of Appointment) will be sent by the probate court to the petitioner or the petitioner's attorney.  

After the Appointment of the Personal Representative by the Probate Court, the Personal Representative, can take control of handling the estate matters, gathering information, notifying the appropriate persons, paying the creditors if any are required to be paid, and distributing the remaining proceeds to the correct beneficiaries according to the Will or the Laws of Intestacy in the event there is no Will. Then the Final Account of the Personal Representative, should be prepared and presented for allowance by the Personal Representative to the Probate Court along with a Closing Statement.  The account will not be allowed unless and until all liens, filed by creditors against the estate including tax liens, liens from Medicaid or nursing home liens, are all paid off and a release is sent to the probate court.