Legal Question in Wills and Trusts in Massachusetts
no will
mother didn't leave a will. son needs to know how to proceed with small estate probate.
2 Answers from Attorneys
Re: no will
First of all, my condolences on Mother's death. It depends on whether she owned real estate in her own name, and the value of assets owned. Consult an attorney.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333-1173
(508) 378- 3944
Re: no will
First please accept my condolences for your loss.
How you proceed is dependent upon the size of your mother's estate. If it is less than $15,000 and no real estate involved then:
SMALL ESTATES
The laws of Massachusetts provide that where the decedent leaves an estate, with or without a will, consisting entirely of personal property of a total value of less than $15,000, together with a motor vehicle, a simplified proceeding may be used instead of a formal probate proceeding. Usually, a decision as to the availability of the informal proceeding can be made by the lawyer and the personal representative at the time of the initial conference. It should be borne in mind, however, that even if the informal proceeding can be utilized, there may be filing requirements with respect to the Massachusetts estate tax return and possibly the federal estate tax return. source Massachusetts Bar Association.
If it is more than $15,000 then the process is more formal. I would suggest you contact an attorney and discuss your alternatives. If you have any questions regarding this information or your problem, please feel free to contact me.