Legal Question in Wills and Trusts in Massachusetts

Next of Kin Probate

Single person passed away, no children, no ex's and no will. Who is the next of kin for probate, there are siblings.

I saw ths first thing done for probate and it lists only a couple of nieces and nephews, siblings, yet left out many nieces and nephews, etc. Something is not right, please tell me who is really the next of kin, and what to do if others were left out.


Asked on 10/21/08, 2:02 pm

2 Answers from Attorneys

Re: Next of Kin Probate

It starts with Siblings. If the siblings have passed on and they have children, then I believe the deceased sibling's children are listed.

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Answered on 10/21/08, 2:14 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Next of Kin Probate

First of all, I am sorry for the loss of your loved one.

Any interested person may bring a Petition for Administration in the county where the deceased resided at his time of death.

The Petition for Administration will appoint an Administrator of the deceased's estate. The order of preference for Administrator is spouse, if living, then children, if living, then siblings, if living, etc.

Because there is no will, the Administrator does not get to choose how to distribute the deceased's estate - the statute of descent and distribution in Massachusetts (G.L. Chapter 190) control how the estate is administered.

If you would like more information, feel free to contact my office to schedule an appointment. I would be happy to review your family tree and probate documents filed.

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Answered on 10/21/08, 2:22 pm


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