Legal Question in Wills and Trusts in Massachusetts

How long does the executor have to file a will in Massachusetts?

Asked on 4/05/17, 9:10 am

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

A will must be filed with the registry of probate within 30 days of death, though the deadline is rarely complied with. A written request from an attorney usually results in the filing.

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Answered on 4/05/17, 9:22 am

A Will is supposed to be filed with the Registry of Probate (the Probate Court) within 30 days of the death of the decedent. However, there currently is no formal penalty for not doing so. Any heir at law can Petition to open an estate for a decedent, if necessary and seek to get a copy of the Will. Usually, however a letter to the Personal Representative or the decedent's attorney will get things moving forward. MA no longer uses the term executor, the Executor is now called the Personal Representative.

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Answered on 4/05/17, 2:55 pm

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