Legal Question in Wills and Trusts in Massachusetts
Voluntary Executive
My father died and left a will under 15,000.00. My sister and I are Co-executors. My sister lives in Massachusetts and I live in Florida. How is the form Voluntary Executrix form number CJ-P7A filled out ? Do we just list my sister as Applicant as she lives in the state of Massachusetts or do we list both our names as Applicants. Do I need to be physically there in Massachusetts to fill out this form and submit it ? We would both like to carry out our fathers wish of co-executors so I really do not want to decline my co-executor position. Thank You.
1 Answer from Attorneys
Re: Voluntary Executive
If you both were named as co-executors in the will then you would both need to sign the form in front of a Notary Public (not at the same time but both signatures need to be notarized). In order to be appointed voluntary executrix, you must have been named in the will. It may be easier to have just your sister apply since she lives in the state. Your father must own less than $15,000 in personal property (excluding one auto) and must not have owned any real estate. You need to provide an estimated value of the personal property. If bank accounts, you must list the account info including the bank and account number. The completed form is filed along with a Certified Copy of the death certificate and the filing fee. The Probate Court would then appoint the named applicants as executor(s). The executor is responsible for paying the expenses of funeral, last illness, and other debts of the decedent prior to distributing the assets according to the will.