Legal Question in Wills and Trusts in Massachusetts

Re: with power of attorney and will do we have to probate

The short answer is yes, you have to probate the will.

The power of attorney ends upon death. You stated there is a will. Assuming you are the named executor, you should present the will for probate through an attorney.

However, in some cases, if the estate is extremely small, formal administration can be avoided, for example through a "voluntary executorship."

If its a small estate that requires the administration of real property (a house) you will most likely have to probate the estate - however, assuming it is a straight forward administration, with no contested issues, it is not a costly process.

Re: with power of attorney and will do we have to probate

Yes. A power of attorney is no longer valid once the person who granted it is deceased. Once a person is deceased, the will is the controlling document; use of a power of attorney would constitute a criminal fraud.

Depending on the size of the estate, a quick probate may be appropriate. Probate is simply the process of conveing an estate and passing the bequests to the beneficiaries of the will. The person named as executor or executrix will need to be appointed by the Court and granted status to act for the deceased.

For 99% of estates, probate is a simple amtter. For those estates where it is complicated, it is important to ensure that assets and titles are properly distributed, and not subject to later challenge.

Re: with power of attorney and will do we have to probate

A power of attorney ends upon death. If you are the named executor, you should present the will for probate through an attorney.

If the estate is extremely small, formal administration can be avoided using a voluntary executorship, instead.

If its a small estate that requires the administration of real property you will most likely have to probate the estate.