Legal Question in Wills and Trusts in Massachusetts

A Will is supposed to be filed within 30 days of the date of death. However it is not uncommon for it to take longer.

If there is a Will you are supposed to file it. Unless the deceased has no assets subject to probate you cannot get them without probating the Will.

Whoever is in possession of the will is obligated to file it in the registry of probate in the county in which the deceased was living at the time of his/her death, within 30 days of the date of death. No penalty typically is visited on someone who doesn't comply with the deadline, and I've seen months and in some instances years go by without the will being filed. However, if the person nominated by the will to be executor is in possession of the will and doesn't file it within the 30-day period, their nomination to be executor is susceptible to being challenged. Please visit my web site (www.lawfang.com) to learn more about the process of probating a will.

Although it may take longer, it should be filed within 30 days after death. Best of luck, and don't hesitate to contact our office if you would like assistance.