Legal Question in Wills and Trusts in Massachusetts

Re: Probate process without a will

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

Unfortunately, the answer to your question will depend on a number of variables that can't really be addressed in this forum. Probate can be a complicated process with very specific rules and deadlines. Given your family situation, you are well-advised to hire an attorney to help you.

If there is a family member in Massachusetts, they can bring a petition for administration of your Father's estate. You would do that by contacting the Probate and Family Court in the County where your Father was living when he died (or where the property is located).

Please contact me if you would like to discuss your options.

Re: Probate process without a will

You should contact a lawyer as soon as possible to begin the process of filing an administration. It is not an easy process and will take some time. An administrator will be appointed after notice is provided to all heirs. In addition, there may be issues concerning your mother's name still being on the deed.

Re: Probate process without a will

Please accept my condolences for your loss.

Because your father died owning real property and had no will and no living surviving owner, the estate must be probated, even if there are other assets that are owned jointly. Because he had no will, a petition to administer the estate must be presented to the appropriate probate court. MA law controls who receives what from the estate. Unfortunately, because he had no will, your mother's children are not legally entitled to share in his estate. You and your half-siblings may discuss ways to share the assets once the estate has been probated. Depending on the size of the estatre, this may involve tax consequences.

I highly recommend that you contact an attorney who can assist you with the process of getting someone appointed as administrator and then probating the estate as required by law. I would be happy to assist you with this.

Re: Probate process without a will

Echoing other responses, this is a matter which will require a Massachusetts licensed attorney with probate and real estate experience.

There are many additional questions, including whether your father was living in Massachusetts when he died, whether your mother lives here, whether there was any Declaration of Homestead on the Massachusetts home (assuming that was their residence), whether your parents were permanently residing in another state, etcetera.

If Massachusetts was their state of residence, your mother could serve as administrator, assisted by an attorney and accountant as needed. Otherwise, one of your father's children (in or out of Massachusetts) could serve individually or jointly with another. ("Individually" simplifies things, but typically, whoever is administrator will consult with the other beneficiaries before any major actions.)

Your mother will have certain rights in your father's estate.

Please feel free to contact me if you need assistance in initiating the process.

Re: Probate process without a will

The prior responses are all accurate. You need to file a petition for an Appointment of an executor. The Executor can be appointed by agreement of all the beneficiaries, the children and spouse of your father.

The Executor will then accumulate all your father's property, get permission to sell the home and pay any claims against your father's estate.

The Estate should be opened in the county where your father lived, which I assume was his home.

Please feel free to contact me if you have any other questions.