Legal Question in Wills and Trusts in Massachusetts
Probate in Massachusetts
Our mother passed away in Jan. 2006, leaving a will. All she had left was clothing, furniture and less than $2,000. Is the executress expected to file any paperwork, or probate it? Please advise. Thanks.
2 Answers from Attorneys
Re: Probate in Massachusetts
The bank may require something more than a death certificate. If so you can file a small estate voluntary petition in the probate court in the county where your mother resided.
It is a one-page form and is very simple to complete. You will need a death certificate.
My condolences on your loss.
Re: Probate in Massachusetts
If there is that little money left in the bank, you should be able to obtain those funds by bringing her death certificate and a copy of the will to the bank -- no probate required.
However, if you think there might be a little more friction, you can file a voluntary probate for $135 at the probate court for the county in which she died. It's a very simple one-page form.
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