Legal Question in Elder Law in Massachusetts

Re: will's probate

Assuming she had any personal property or other items of value yes. If she had no personal property, no personal bank account, no car etc. so there is nothing to pass on, then no you do not have to probate the will if there is nothing to probate. I would check with an attorney or the Probate court in which the spouse last resided to make sure there is nothing that you need to probate.

Re: will's probate

The answer is "it depends."

If EVERYTHING was either owned jointly or passed to the surviving spouse by a beneficiary designation (such as a life insurance policy or an IRA naming the surviving spouse as the beneficiary), then the only thing that needs to be done is to file the will and a death certificate at the probate court. The court will not charge a filing fee. There is also a form at the Registry of Motor Vehicles web site to complete to transfer the title of the car to the surviving spouse, without the need for probate. Massachusetts law also does not require probate for very small bank accounts.

On the other hand, if the deceased spouse had sole ownership of an asset (other than a car), the will does need to be probated. If there is less than $15,000 in assets, you file a "voluntary executor" form. If the deceased spouse owned more than $15,000 in his own name, you need to file for a full probate.

Please feel free to contact me if I can be of further assistance.