Legal Question in Wills and Trusts in Massachusetts

The validity of a will has nothing to do with being probated. However, it has no legal effect until a Judge, in the probate process, recognizes the will as valid. This does require probating the will. In fact, Massachusetts law requires anybody holding a will to file it with the appropriate probate court within 30 days after the death of the maker of the will.

First, I am sorry for your loss. Under the law, the will must be probated following a person's death. Whether the will is valid depends upon whether a number of things, but it is not any less valid simply because nobody has probated it. The named executor should probate the will in the Probate and Family Court located in the county in which your mother-in-law resided at the time of her death. Please do not hesitate to contact my office if you require any further assistance.

A will has no legal effect unless it is admitted to probate. The person in possession of the will has an obligation to, at a minimum, file the will and the death certificate with the appropriate court and allow someone else to petition the court to admit the will into probate.

I am sorry for your loss. Retain an attorney to submit the Will to probate , or to require whomever is in possession of it, to do so, which, by law, should have been done within 30 days of death. Good Luck!