Legal Question in Wills and Trusts in Massachusetts

Re: Death without a will

I am sorry for your loss of your Mother. If she died as a Massachusetts resident, a petition for probate must be filed in the probate court of the county where she resided and the Administrator appointed would transfer title in accordandce with the Intestate Statute.

Re: Death without a will

If your mother died with less than $1 million in her estate and MassHealth has no lien against the property, the administrator of the estate needs to file a "65C affidavit" along with her death certificate at the appropriate registry of deeds. You don't need to file a deed because the 65C Affidavit will reference the docket number of the estate, and THAT lists all the children by name and address.

I've done probate work for over a decade -- please feel free to contact me if I can be of assistance.

Re: Death without a will

Depending on the size of the estate, a petition must be filed in probate court to appoint and executor who must comply with the law.