Legal Question in Wills and Trusts in Massachusetts
What dollar amount from a bank account needs to listed for probate in MA? My mother recently passed and only had $4500 in her bank account which the bank gave to me because it was less than $5000. Does this need to be listed in probate paperwork? I was told when filing probate by a clerk there that it does not but I do not want this to come back and bite me.
2 Answers from Attorneys
I don't know of any such dollar limit, and I'm not sure why the bank gave it to you. Was the account in your joint names? If the account was in your mother's sole name during her life, then it will need to be listed as part of her probate estate.
Unless your name was on the account, the bank made a mistake. If your name was on the account as a beneficiary or co-owner, this amount is not part of the estate. If you got the money and the foregoing is incorrect, you must list this.