Posted On: August 9, 2008 by Kevin P. Whitaker

After Someone Dies and There's a Will -- What To Do

Many families in Massachusetts have questions about probate law and what to do with a will after someone has passed away. While not a list of required steps, Angela Barker provides a helpful guide in Ten Things to Do to Prepare a Will for Probate. In MA, I'll add:

  1. Prepare a list of assets owned by the deceased;
  2. Determine if the estate is valued above or below $15,000; and
  3. Arrange for a meeting with a local probate attorney.
While the last on the list may sound a little self-serving, a local probate lawyer is accessible and generally knows the unwritten rules that are followed in each local county. If you have the above information with you and the estate is valued less than $15,000, then many law firms, including our Weymouth law office, can usually complete the entire probate process in one meeting for a reasonable fee. The same is true in intestate cases (where a person died without leaving a will). These quicker and less costly probate proceedings are known as Voluntary Executor (or Executrix) and Voluntary Administrator (Administratrix) -- the different versions have traditionally been used to denote the gender of the person petitioning for the probate process to commence, although present usage of the masculine form (ending in "or") is often used to denote male or female appointments..
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