Lori  Lincoln

Lori Lincoln

Broker/Associate

License #: 9525483

Keller Williams Elite

Mobile:
508-878-0917
Email Me
Lori  Lincoln

Lori Lincoln

Broker/Associate

License #: 9525483

Keller Williams Elite

Mobile:
508-878-0917
Email Me

Probate Process for Real Estate

One of the hardest things in life is when a loved one, usually a parent passes on. This article will help you become better prepared for when the inevitable occurs. I have sold many homes including my own relatives and parents homes and know how challenging this is , where emotions of the family can get in the way of business of the estate.

In Massachusetts, the probate process involves the legal procedure of administering the estate of a deceased person.
Here's a general overview of the probate process in Massachusetts:

Many times when loved ones pass on, the family is left with several challenges with the estate. From bank accounts, real estate, debt and everything in between, the process can be daunting. If the person who passed did not have a trust and a will they need to file probate at Probate Court in Taunton ( for Bristol County filings) . Here are the basic steps for filing probate in MA. Before you attempt to do this on your own, I strongly advise hiring an attorney whose area of expertise is estates, wills, trust and probate.

Filing the Petition: The probate process typically begins with the filing of a petition in the Probate and Family Court in the county where the deceased person resided at the time of their death. The petition may be filed by an interested party, such as the executor named in the will or an heir of the deceased.

Notification: After the petition is filed, the court will issue a citation, which is a formal notice to interested parties informing them of the probate proceeding. This citation must be served on all interested parties, including heirs, beneficiaries, and creditors.

Appointment of Personal Representative: If there is a will, the court will review it to determine who has been named as the executor. If there is no will, the court will appoint an administrator to oversee the probate process. The personal representative is responsible for managing the estate, including gathering assets, paying debts and taxes, and distributing assets to beneficiaries.

Inventory and Appraisal: The personal representative is required to prepare an inventory of the deceased person's assets and have them appraised. This inventory must be filed with the court within a certain timeframe.

Payment of Debts and Taxes: The personal representative is responsible for paying the deceased person's debts and taxes using estate assets. This may involve selling assets if there are not enough liquid assets to cover these expenses.

Distribution of Assets: Once all debts, taxes, and administrative expenses have been paid, the remaining assets can be distributed to the beneficiaries according to the terms of the will or the laws of intestate succession if there is no will.

Final Accounting and Closing: The personal representative must prepare a final accounting of the estate's assets and expenses and submit it to the court for approval. Once the court approves the final accounting, the estate can be closed, and the personal representative can be discharged from their duties.
Oftentimes, the family is impatient waiting for everything to be resolved. Patience is the word. The probate process can take up to 2 years- maybe longer for extenuating circumstances.

Also the best way people avoid probate is to hire an estate attorney to create a will and a trust, ensure the deeds are correct. In Massachusetts I strongly recommend Attorney Luke Travis at http://bristollegal.com. His offices are located in Fall River and Rehoboth and services all of MA.

Have Questions?

License #: 9525483

Education: Certified Probate and Trust Sales Luxury Homes, New Construction, Serve on Professional Standards Committee on Real Estate Association of Southeastern Massachusetts. Real Estate Trainer

Specialty: Probate Sales, Trust Sales, 1031 Exchange, DST Luxury, New Construction, Residential.

Awards: Keller Williams- Top 5 percent in Sales ( multiple years)

Area Covered: Middleboro, Swansea, Somerset, Rehoboth, East Providence, Taunton, Raynham, Fall River, Westport, Dartmouth, Plainville, Attleboro, North Attleboro, Middleboro, Lakeville, Assonet, Freetown, Rochester, Marion, Mattapoisett, Easton, Mansfield, Foxboro, Dighton, Berkley

Languages Spoken: English

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