Probate of Estates

C&D is regularly retained to advise and assist a relative/close friend through the complex process of handling the assets and liabilities of a deceased loved one.  As an initial matter, C&D determines which assets/liabilities of the deceased’s Estate are “Non-Probate” and which are “Probate.”  

 

Non-Probate Assets and Liabilities could include:

• Property in a Trust

• Real Property held jointly

• Financial Accounts (e.g. bank, investment) held jointly or with named beneficiaries or transfer on death (TOD) provisions

• Retirement-type Accounts (e.g. Pension Accounts, 401K Accounts) with named beneficiaries 

• Life Insurance Proceeds with named beneficiary

 

Non-Probate Assets are not governed by a Will and generally are not subject to Probate Court jurisdiction.  C&D advises relatives/close friends/trustees with respect to the handling and distribution of these assets and the determination of any estate tax due.

 

Probate Assets and Liabilities could include:

• Real Property held in a deceased’s name without transfer on death provisions 

• Financial Accounts (e.g. bank, investment) not held jointly with another, or without named beneficiaries and/or TOD provisions

• Tangible Personal Property

• Pension, 401K and/or other retirement benefits without named beneficiaries

 

These assets and liabilities are generally subject to the jurisdiction of the Probate Court.  There are two different processes at the Probate Court depending on whether the deceased left a Will.

 

If there is a Will, C&D advises, guides and assists the Personal Representative (aka Executor/Executrix) through the probate process which often includes C&D’s involvement in:

 

• Preparing and Filing Probate Court Petition with the Will

• Obtaining Appointment of the Personal Representative

• Obtaining the Probate Court’s “allowance” of the Will, including responding to any filed objections

• Identifying, Safeguarding and Valuing the Deceased's Assets

• Preparation of Estate Tax Returns

• Determination of, and Payment of, operative debts, if any

• Resolution of claims made against the deceased’s estate, if any

• Payment of required taxes, if any

• The sale of real or personal property, if any, as necessary to pay debts, resolve claims and/or pay taxes

• Distribution of Assets to named beneficiaries

• Producing Final Accounts, Obtaining Final Approval and Settlement of the Estate

 

If there is no Will, C&D assists family members in proceedings before the Probate Court to determine the handling of the estate.  In short, the deceased’s property (net of liabilities and taxes) will be distributed to the deceased’s heirs in accordance with applicable intestacy statutes, including the provisions of the Massachusetts Uniform Probate Code (MUPC).  C&D advises and assists with the Probate Court naming a Personal Representative and the interpretation and application of the operative MUPC provisions to determine the heirs and the distribution of assets to such heirs.  Other than these additional, initial matters, the process of the handling of the deceased’s estate through the Probate Court involves many of the same tasks listed above.