Legal Question in Wills and Trusts in Massachusetts
voluntary executor/probate
i was appointed executor of a small estate,once everything is final and distributions made according to the will is it over do i have to file anything with the court,medicaid made a claim and all papers sent to them once i get their claim released is that it or do i send same papers to court(administration costs ,etc.)-other heir is unhappy as to their share and probably wont sign off on anything-but dont expect any court action as to everything is being done as stated in will
1 Answer from Attorneys
Re: voluntary executor/probate
You should file a first and final account with the court where the probate is being administered. This outlines all monies that came into the estate since the inventory was filed and all expenses, including distributions to heirs, that were paid from the estate. The form is available from the court, and you should attach separate sheets showing income and expenses with the court form.
You file the account with the court, with or without all assents. If you do not have all assents, the court will issue a citation, similar to the citation that was issued before you were appointed, providing a date by which any interested parties (who must receive notice) must object. If no objections are received, the account will be presented for allowance. If there are objections, a trial will be held to determine the final distributions. Once a judgment is issued on the account, the estate is closed and your duties as executor are finished.
Please let me know if I can assist you with this matter. Good luck.
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