Guiding Individuals Through Settling an Estate
Individuals die with either no Will, just a Will, or a Trust and a Will. If an individual does not have a Will, Probate Court proceedings may be necessary to access assets and Massachusetts statutes provide direction for how those assets will be distributed. If the individual dies with a Will, Probate Court proceedings may still be necessary, but the terms of the Will, rather than statute, control distribution. If the individual executed a Trust and assets were properly directed to the trust during life, it is possible that no probate will be needed. Individuals with Trusts still execute a Will, for any assets that do not have the trust as owner or beneficiary. Assets with joint owners or designated beneficiaries pass directly to the joint owner or beneficiary and are not subject to the terms of any Will or Trust. Typically, estates valued at less than $25,000 can be handled without an attorney, but those exceeding $25,000 or more involve significantly more forms and expertise. Our office is available to assist with most probates.
Where Assets Had Trust as Owner or Beneficiary:
- How to Apply for a Trust EIN
- Sample Trustee Acceptance Form
- Sample Trust Beneficiary Cover Letter
- Sample Assent for Trust Beneficiaries
Where Assets Require Probate Proceedings
(not in trust and no joint owner or beneficiary)
- Probate Intake Form
- Division of Medical Assistance Sample Cover Letter (must be sent in all probate proceedings)
- Sample Estate Assent
For Estates With Total Value (excluding one car)
Not Exceeding $25,000
- MPC 961 Instructions for Voluntary Administration
- MPC 170 Voluntary Administration Statement
- Sample Cover Letter for Voluntary