Legal Question in Wills and Trusts in Massachusetts

No, you need to go to the Probate Court in your County, request the forms, fill them out and file them.

It is a good idea to have an attorney assist you and you should consider the LAR (Limited Assistance Representation) program offered by the Probate courts.

Do it right the first time.

You do not have to have an attorney to file a Petition to Appoint yourself as Administrator of your mother's estate. However, you do need to give notice to any other heirs of your mother, such as siblings.

If this is a simple estate the cost of having an attorney assist you will not be expensive. I would get the forms you need from the probate court for the county where your mother died and then ask an attorney to review them to make sure you have completed the forms properly.

If you have additional questions, please feel free to contact me without obligation.

No, you do not need an attorney to represent you as personal representative of the estate. However, it is strongly recommended.

There are a number of notices, court filings, tax filings, etc., that are required, and it can help tremendously to have the expertise of a probate attorney to assist you - even just to review paperwork and be available to answer questions.

The attorney's fees are not a personal expense of the representative, but instead are considered an expense of the estate. If you would like to speak to a probate attorney, please feel free to contact my office.