Legal Question in Wills and Trusts in Massachusetts

You should probate your father's estate. Did he have a will?

I am sorry for your loss. I agree with Atty Harmon. If the value of the account is less than $15,000 and your father had no real estate, you can file to be a voluntary executor (if there was a will) or voluntary administrator (if there was no will). This is a simple process. You can go to the probate court in the county where he lived and ask for the forms. If he lived in Malden, you would go the Middlesex Probate Court in Cambridge. If he had a will, the funds must be distibuted according to the terms of the will. If not, the funds must be distributed according to statute, based on whether he had a surviving spouse and/or how many children he left. Please let me know if I can assist you. .

I am very sorry for your loss. As the others have said, if your father owned no real estate and had assets valued at less than $15,000.00, there is a simplified and less expensive probate process called 'voluntary administration'. If you would like any assistance or guidance in performing your duties as administrator or executor, please feel free to contact my office at 617-357-4898.