Why would an estate need Probate? When a person dies, legal ownership of his or her property must be transferred to a surviving person. Ownership of the asset can be passed without probate if it is controlled by

• a Trust
• a joint ownership arrangement
• beneficiary designations already filed with a bank or insurance company, legal title must be transferred from:

If these advance arrangements were not made, legal title must be transferred through the Probate process. If there is a Will, Probate transfers property from:

The Decedent >>>to>>> The Devisees (people) who are Named in the Will. 1-201(11)

If there is no Will, Probate transfers property and assets from:

The Decedent >>>to>>> The Heirs, including the surviving spouse and the commonwealth, who are entitled under the statutes of intestate succession to the property of a decedent. 1-201(21)

In Massachusetts, the process begins with a Petition that we file in the Registry of Probate.

There are three basic levels of Probate. Which one will work for you? That depends on the total value of estate assets and whether there is controversy (arguments and fights) over the estate.

Voluntary Administration: This procedure works when the total estate value is under $25,000 + a motor vehicle.

Informal Probate: Requirement for Petition 3-301, Notice, and Findings. Publication 30 days after Allowance of Petition.

Formal Probate: Litigation conducted before a judge. Purpose of Petition 3-401. These Formal Proceeding are needed when it is necessary to: Determine the identity of the heirs and whether the will is valid, or that the decedent did not leave a valid will 3-402.

	Old Laws - Repealed	Mass. Probate Code Eff. April 2012
Probate of the estate must be filed within 3 years of a decedent's death.	Mass.Gen.Laws §193 § 4 (allowed up to 50 years)	§ 3-108
Exceptions to 3 year time limit include fraud, doubts about decedent's death, and contesting informal proceedings		§ 3-108
Exception with no time limit: Sole purpose of establishing a devise of real estate if there was no proceeding within 3 years of decedent's death	Mass.Gen.Laws §193 § 5 (allowed up to 50 years)	§ 3-108

Here is a list of ways that Probate can work for you and your family:

• Probate makes sure the heirs or intended beneficiaries get their share of the Estate
• Probate can prove how the decedent has expressed his or her intentions for distributing property and assets to surviving people, upon death (The word Probate comes from the Latin word meaning to prove.)
• Probate shuts the door on a decedent's creditors. Unless those creditors have perfected their liens before the decedent's death, or they file claims according to special Probate procedures, the creditors are finished.
• Probate handles the transfer of property. When assets such as real estate, a bank account, or stocks and bonds cannot be reached by the family or heirs of a deceased person, Probate provides the answer to the question of who gets ownership of that property.

Properly drafted Wills and Trusts reduce the cost of Settling an Estate, and that's a blessing to surviving family members. Without advance planning, family members will be confronted with complicated decisions and tasks involved with managing and distributing property, at the very time they are grieving the loss of a loved one.

For estate planning and estate settlement services that keep you in control of the probate process, and for answers to questions that you may be hearing from the decedent's heirs and family members, call us at 567-5600.