Legal Question in Wills and Trusts in Massachusetts

Re: assent of heirs at law

If all interested parties do not assent, a citation must be served on all non-assenters scheduling a court hearing to probate the Will as potentially contested.

Re: assent of heirs at law

The heirs do not have to assent to a will, they have to assent to other parts of the probate status. Somebody files a petition with the probate court, with a will, and usually for an appointment of an executor, temporary or permanent. At various points, issues are either agreed to or require a hearing, except for the account. AN inventory also has to be filed. If you have an attorney, you need to discuss what to expect in probating a will, and what is required at the different points, and what is the potential responses.

Re: assent of heirs at law

If all interested parties do not assent, this means agree. Then a Court Citation must be served on all non-assenters scheduling a court hearing to probate the Will as potentially contested. This will increase the legal fees associated with probating the Will, since a hearing will be held. If there is a real challenge to the Will then there will be a trial scheduled on the grounds for challenging the Will.