Legal Question in Wills and Trusts in Massachusetts

Probate Without A Will

My aunt passed away. I am her next of kin (was POA) along w/my sister. There is no will and approx. 75k in assets (mostly stock) solely in her name. There is no contesting between my sister and I as far as distribution goes. I have paid for the funeral expenses on my credit cards. There are a few creditors that are owed. Nursing Home, Ambulance service, Pharmacy.

How do I go about petitioning the court. What documents do I need to fill out and what is the process to become administrator of my Aunt's estate? What does the court ask of me?

I am hoping that you can point me in the right direction.

Thanks.


Asked on 9/20/05, 12:50 pm

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Probate Without A Will

There used to be a book for non-lawyers about Mass. estate administration, but I can't find it on the net. You can try a large public library or the county law library for your county.

In any event, you need to get the form for estate administration. Your sister will have to assent to the petition. You will file the petition and then you will receive a notice to be published in a newspaper designated by the order of notice. After the time period provided, you will be appointed administrator and can then take all the deceased's property. You have to file an inventory on the form the court will give you.

Then you pay all the bills. If there is not enough money to pay all the bills, you have to go through a special procedure as a bankrupt estate and I would recommend using a lawyer.

Then you either sell the property or distribute it. Then you file a "first and final account" on another form the court will give you, showing how all the property you listed in the inventory was dealt with. Your sister must assent to that also.

There is a Manual for probating an estate for lawyers which you might find useful, available at the county law library.

I can do the paperwork for $500, or do the whole estate for $850 plus advertising and filing fee.

I can review your drafts and advise you of any changes you need to make for $250.

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Answered on 9/20/05, 7:34 pm


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