Legal Question in Wills and Trusts in Massachusetts

When a person is appointed executor of a will in Massachusetts how long should it take for them to be certified as executor after the death of the parent?


Asked on 4/12/11, 6:38 pm

3 Answers from Attorneys

Alexandra Golden Golden Law Center

There's no set time limit, as the process is in the court's control and our probate courts are increasingly understaffed and backed up. Generally speaking, the will and the petition for probate should be filed within 30 days of the date of death. The court will then issue a citation -- the legal notice which must be served on any interested parties who didn't assent to the petition for probate and published in the newspaper. It's currently taking a good three weeks or more to get citations from some of the courts. The citation will list the "return date" -- the deadline by which someone must file objections to the will. This date is generally six to eight weeks from the date of the citation. If the return date passes without an objection being filed, the will will be allowed and the appointment granted.

I encourage you to work with a good probate attorney who can provide you with guidance during this process.

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Answered on 4/12/11, 6:44 pm
Richard Kell Law Office of Richard B. Kell

It depends on the county. I noticed you have a Haverhill zip code. I just did one in Essex county, and it took almost 6 months. They are severely understaffed over in Salem due to budget cuts, so be prepared for a long wait.

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Answered on 4/12/11, 6:46 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

As the others have said, the courts are backed up and understaffed at the moment. If you are able to demonstrate a need, your attorney may be able to have you appointed as Temporary Executor... which would allow you to get to work on the estate prior to being permanently appointed as Executor.

Please feel free to contact our office if you would like to discuss executor representation.

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Answered on 4/13/11, 6:09 am


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