How do you handle a loved one’s estate when so much is on your mind already? We know this situation can bring stress and confusion during a time of loss.
At Jordan & White, LLC, we have assisted Massachusetts families for generations, thanks to a tradition of trust work dating back to 1938. We take pride in offering practical support, and we hope this guide sheds light on how informal probate works in Massachusetts.
What is Informal Probate?
Informal probate is a process administered by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. This pathway tends to move quickly when all required conditions are satisfied, giving families a faster path to appointing a personal representative. In routine circumstances, the magistrate reviews the petition soon after the required waiting period from the date of death.
Unlike formal probate, no hearings are typically scheduled in this setting. A petition may be handled through paperwork, and if the estate meets the criteria, the court issues an informal order. This allows the personal representative to manage estate tasks without frequent court oversight.
When is Informal Probate Appropriate?
Not every estate falls under informal probate. Factors such as the availability of the original will and the identity of the heirs come into play. Generally, families opt for this route when they seek a quick resolution and no interested party poses objections.
Requirements for Informal Probate in Massachusetts
A few conditions must be met before filing. Below are the main requirements:
- The original will must be available for submission.
- An official death certificate is required with the initial filing.
- All heirs and devisees must be located and identified.
- The person set to become the personal representative must hold priority for appointment.
- If any heir or spouse is an incapacitated individual or a minor, a separate guardian or conservator must represent them, different from the petitioner.
- The court must not have ordered supervised administration of the estate.
- No judge’s signature should be required for any orders or final decrees during the process.
When all these conditions align, informal probate often proves to be the simpler path. If a single element is missing, the court may request a more structured proceeding.
Informal Probate vs. Other Probate Types
Securing the right probate approach saves needless delays. Each type of probate in Massachusetts has distinct goals and procedures so awareness can guide you toward a more suitable option.
Formal Probate
Formal probate involves a judge and may prompt court hearings, depending on the complexity. Families frequently select this path if they anticipate challenges, such as questions over the will’s language or if an individual seeks supervised administration. This approach also becomes relevant if someone objects to an informal probate petition or if a Special Personal Representative is required.
Sticking with formal probate can add a layer of oversight, which might be helpful in cases involving conflicts or uncertain will terms. Those conditions justify a more structured environment, with the court ensuring fairness all around.
Late and Limited Formal Probate
This option arises when no proceeding has taken place within three years of a person’s death, and a formal process is needed only to confirm the ownership of any probate property. In these instances, the court can appoint a personal representative, yet that individual may be blocked from selling real estate. This path mostly fits scenarios where people simply seek clarity over final asset titles rather than full administration of estate tasks.
Voluntary Administration
Voluntary administration streamlines probate for smaller estates. It can be used when the overall personal property is worth $25,000 or less (beyond the value of one car), and there is no real estate. The decedent must have been a Massachusetts resident, and no other probate process should be pending. This approach is often used to handle modest circumstances with minimal fuss.
The Informal Probate Process: A Step-by-Step Guide
Though informal probate is simpler compared to other forms of probate, families must still abide by specific rules and complete certain forms with accuracy. Below is an overview of the main steps that guide you.
1. Begin the Process & Give Notice
A Massachusetts Uniform Probate Code Magistrate can grant informal probate soon after the required time has passed from the decedent’s death. At least seven days before filing, you must give notice of your intent to open an informal probate to every individual entitled to that notice. This notice helps ensure no party is overlooked before the petition is submitted.
2. Fill Out the Required Forms
The forms vary depending on whether the decedent died with or without a will. Gathering the right paperwork is fundamental. If there was a will, you generally submit:
- The Petition for Informal Probate (MPC 150)
- Surviving Spouse, Children, Heirs at Law (MPC 162)
- Devisees (MPC 163)
- The original will
- A certified death certificate
- Notice of Informal Probate (MPC 550)
- Order for Informal Probate (MPC 750)
- Informal Probate Publication Notice (MPC 551)
If the decedent died without a will, you typically file:
- The Petition for Informal Probate (MPC 150)
- Surviving Spouse, Children, Heirs at Law (MPC 162)
- A certified death certificate
- Notice of Informal Probate (MPC 550)
- Order for Informal Probate (MPC 750)
- Bond (MPC 801)
- Informal Probate Publication Notice (MPC 551)
On top of these, you may need other documents such as a Bond Form, a Military Affidavit, or proof of guardianship. Each estate’s situation can alter the exact filing needs, so plan carefully to prevent missing items.
3. Gather the Fees
You will pay a filing fee plus an informal probate surcharge. It’s wise to confirm accepted payment methods directly with the Probate & Family Court. Once you have your paperwork and fees in hand, you can proceed with the next phase.
4. File the Forms and Fees
Filing can occur online via eFile, by mail, or in person. If the decedent lived in Massachusetts, submit your petition to the Probate & Family Court in the county where they resided. If the decedent had real or personal property in Massachusetts but lived out of state, choose any county where the property exists.
5. Post a Publication Notice
Once the court accepts the informal petition, you will often need to arrange publication in a local newspaper within 30 days. This notice announces the probate proceeding to any potential creditors or interested parties who may not have already received direct notice.
Duties of the Personal Representative
The personal representative handles essential matters during the probate process. This role includes:
- Compiling an exact inventory of the decedent’s assets such as real estate deeds, financial account statements, and personal property.
- Protecting any property at risk, for instance, by securing a vacant home or ensuring valuables remain safe.
- Paying debts or bills left behind from the estate’s assets. The personal representative should also address taxes owed by the decedent.
- Distributing whatever remains to the devisees named in the will or, absent a will, according to state law.
Potential Downsides of Informal Probate
Informal probate can come with certain hurdles. First, any devisee can step away from this route and move toward formal probate if they change their mind or wish to contest something. Second, because the personal representative works without close court oversight, errors in paying debts or distributing assets can result in personal liability. Finally, if real estate transactions require more rigorous court involvement, informal probate may not be suitable.
When is Probate Not Required?
Certain assets transfer outside of any probate process. These include jointly owned assets that specify survivorship rights or items with named devisees, like retirement accounts or life insurance policies. If an individual dies holding property in joint names with a spouse, those assets often pass immediately without a court process.
How Jordan & White, LLC, Can Assist You
Our firm has devoted decades to serving Massachusetts families who need guidance in probate and estate administration. Whether you must handle informal probate or choose a different procedure, we are here to help smooth those paths. We aim to secure results that reflect your loved one’s wishes and prevent unnecessary stress.
Feel free to call us at 978-744-2811 or visit our Contact Us page for more details. We focus on practical legal solutions for families in need. We stand ready to answer your concerns and chart a plan so you can move forward with confidence.