Legal Question in Wills and Trusts in Massachusetts

Re: Who has the right to probate a will

The Executor under a Will files the will for probate. However any interested party has the right to challenge a Will or appointment of the executor. Even if not named in the Will, your siblings are probably interested parties and as such have been contacted.

I assume the executor has an attorney who is assisting with this matter. You should direct your questions to the executor and/or his or her attorney.

If you think you need your own representation, please feel free to contact me.

Re: Who has the right to probate a will

You do not say if the will has any person or persons named to probate the will. If there is a person, and the person wants to do it, this person through their attorney, depending on the size of the estate, should file a petition with the probate court.

If there is a will that does not name a person, or the person named is either deceased or refuses to become the executor, then one of their heirs or interested parties can instead petition the court for an appointment.

The steps depend on the above. As Mr. Roth suggests, if your are not the executor, but and heir, and the estate is of some value to you, you can retain your own attorney to insure your rights are advanced.

You can contact my office with questions or representation on Monday at 978.749.3606.