When a loved one passes away, their will must go through probate before their assets can be distributed. This legal process ensures that the will is valid and that the right person is in charge of handling the estate. Massachusetts has specific rules for filing a will, including deadlines and required paperwork. Small mistakes can cause delays, so it’s important to follow the proper steps from the start. Whether you’re the named personal representative or a family member trying to understand what comes next, knowing how to file a will properly can help avoid unnecessary complications.
Step-by-Step Process for Filing a Will
Filing a will in Massachusetts involves several legal steps to ensure the estate is properly managed. Following the correct process helps avoid unnecessary delays.
- Locate the original will. The probate court requires the original signed will, not a copy. If the original is missing, the court may need additional documentation to proceed.
- Determine the correct probate court. The will must be filed in the probate court of the county where the deceased lived at the time of their passing.
- Choose the right probate process. Massachusetts allows for informal probate, which is quicker and used for uncontested wills, or formal probate, which is required when there are complications or disputes.
- Complete the necessary forms. These include:
- A petition for probate (formal or informal)
- The original will
- A certified copy of the death certificate
- Any required affidavits from witnesses
- File the petition and documents. Submit the paperwork to the appropriate probate court, along with the required filing fee.
- Notify interested parties. Massachusetts law requires that heirs, beneficiaries, and creditors be formally notified of the probate filing.
- Await court approval. If there are no challenges, the court will approve the petition and appoint a personal representative to begin managing the estate.
Required Documentation and Timelines
Filing a will in Massachusetts requires specific paperwork to ensure the probate process moves forward without unnecessary delays. Submitting the correct documents upfront helps avoid complications. These include:
- The original will – A signed, legally valid will must be submitted to the court.
- Certified copy of the death certificate – This is typically obtained from the town or city clerk where the person passed away.
- Probate petition – The court provides different forms depending on whether the case is formal or informal.
- Affidavit of witness (if required) – Some wills require a witness statement to confirm authenticity.
In most cases, probate must be commenced within three years of the person’s passing. After the will is filed in court, heirs and beneficiaries have a set period to contest the will. Informal probate can be completed in a few months, while formal probate, which involves court oversight, may take longer, especially if there are disputes.
Formal vs. Informal Probate: Understanding the Differences
Massachusetts offers two probate options: informal probate and formal probate. Choosing the right process depends on the circumstances of the estate and whether there are any complications.
Informal probate is the quicker option and is handled by a magistrate rather than a judge. It works best when the will is valid, properly executed, and uncontested. There are no court hearings, and once the paperwork is approved, the personal representative can begin managing the estate with minimal court involvement.
Formal probate is required when there are issues with the will, such as unclear terms, missing signatures, or disputes among heirs. This process involves court hearings, judicial oversight, and additional legal steps. It also takes longer than informal probate, sometimes extending for months or even years if conflicts arise.
Common Mistakes to Avoid When Filing a Will
Filing a will in Massachusetts requires attention to detail. Small mistakes can cause delays, added costs, or even legal disputes. Avoid these common errors:
- Submitting a copy instead of the original. The probate court requires the original signed will. If it’s lost, additional legal steps may be needed.
- Choosing the wrong probate process. Filing informally when formal probate is required can lead to delays.
- Failing to notify all interested parties. Heirs and beneficiaries have legal rights and must be informed.
- Overlooking court fees and paperwork. Incomplete forms or unpaid fees can halt probate proceedings.
Get Help Filing a Will in Massachusetts
Filing a will correctly ensures that an estate is handled according to the deceased’s wishes. At Surprenant & Beneski, P.C., we guide families through every step of probate. Contact us today to ensure a smooth filing process and avoid common pitfalls. We’re here to help.