Legal Question in Wills and Trusts in Massachusetts
Is it more than a year wait?
My Aunt died in March of 2004,is there a time limit on the reading of the will? Can there be extenuating circustances why Will might not be read in alotted time frame?
2 Answers from Attorneys
Re: Is it more than a year wait?
By law a Will must be filed in the Probate Court of the County where the decedent resided within 90 days of death where it becomes a public record that can be read by anyone.
Re: Is it more than a year wait?
Ususally the Will is probated soon after the date of death. Once the Will is submitted to Probate, the process will take approximately one year from the time of presenting the Will to the Probate Court. Massachusetts Department of Revenue requires that a tax return be filed within 9 months from the date of death and ususally it is the heirs at law that will object to waiting to probate the will. Additionally, if there is any real estate involved, the real estate cannot be sold until the Will is probated and a License to Sell is received from the Proabte Court. Feel free to contact me if I can assist you in the Probatge process. Thank you.
Patricia Bloom-McDonald 781-341-0099
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