Legal Question in Wills and Trusts in Massachusetts

Re: When is an executrix appointed?

a death certificate is needed to open a probate file and have an executrix appointed. In my opinion, this was not avoidable.

Re: When is an executrix appointed?

The attorney is 100% correct.

Only the Probate Court can appoint you as executrix of your mother's estate. There is are specific documents (including the Will, death certificate and specific court forms) which must be filed and specific procedures which must be followed. The petition for probate and other documents may not be filed until one month after the date of death. Your mother's heirs must be notified and notice must be published in the newspaper. Once the deadline has passed and if no one has objected, the Court will issue you your appointment.

In the meantime, if there are bills which absolutely cannot wait until after your appointment goes through, you can pay the bills out of your own pocket and then reimburse yourself -- but be sure to keep copies of EVERYTHING to prove that this is reimbursement and not taking a cut out of someone else's inheritance.

Re: When is an executrix appointed?

First of all, I am sorry for the very recent loss of your mother.

Your attorney is right. Although your mother nominated you executrix in her will, this appointment can only be made final by filing a formal petition with the Court to probate the will and appoint you executrix.

In some cases, it may be possible to speed the appointment process by having the executrix named as temporary executrix. This process usually takes only a couple of weeks.

If you would like to discuss the probate process, or you would like to begin the process of probating your mother's will, please do not hesitate to contact me.