Personal Representative's Duty to Protect Your Loved Ones, and Your Probate Estate

The person who signs their name to accept responsibility as Personal Representative of a Probate Estate agrees to:

"submit personally the jurisdiction of any court of the commonwealth in any proceeding relating to the estate that may be instituted by any interested party."

This is an important responsibility. We can make sure that you and your family are protected when these fiduciary duties are placed in your hands of the Personal Representative.

The duties require the Personal Representative to take possession of property and transfer it to the proper people. The Personal Representative is also responsible to gather and calculate the value of all estate assets, and accurately report the fair market values on the Probate Inventory form that is due to be filed within 90 days of your appointment.

Advice and assistance with these tasks are included with of our Probate Estate service that is backed by 20 years of experience with settlement of large and small estates. You can be confident that all the issues, including taxation and real estate transfer, will get the attention needed to protect you and your family. The wishes and intentions of your loved one will be carried out, and you will be protected.

Here are additional examples of work that we do for the Personal Representative:

  • Prepare and serve Notifications to descendents and people named in the Will
  • Assist with negotiations and prepare Purchase and Sale Agreements, and draft Deeds that transfer or sell real estate
  • Complete Estate Income Tax return and Estate Tax return, if required
  • Prepare the Final Probate Account, to close out the Estate

Our office will prepare all of these documents, and work with your accountant, your real estate broker, your appraiser and other professionals to efficiently gather all of the needed information. Here are examples of some of the many State Laws that cover the Estate, creditors, and you as a Personal Representative:

Old Laws - Repealed
Mass. Probate Code
Eff. April 2012
State law on the order in which debts must be paid.
Creditors must comply with Probate laws within one year of death, or they are out of luck.
Creditors must follow special procedures.
Medicaid liens against nursing home residents, and people age 55+. Mass.Gen.Laws ch. 118E §31-32
Personal Representative of an Insolvent Estate divides what remains in his hands to pay creditors.

We have saved clients many thousands of dollars, and protected their Estates from unnecessary and improper claims by creditors. Besides handling all the money and property, your role as Personal Representative probably puts you in the position of managing intense emotions that go with the loss of a loved one. Sensitivity and compassion for everyone involved with the Estate are very important. We understand.

To make sure that your decisions are intelligent, and the transfer of assets is orderly, call for an educational meeting to discuss your role as Personal Representative: (413) 567-5600.