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Massachusetts Probate: The Basics

Massachusetts probate courts handle the legal distribution of a person’s assets (known as their ‘estate’) after death. If you’re the legal heir to the estate of a recently deceased Massachusetts resident, you may have questions about whether the probate process is required or even necessary. The answer depends on the value of the assets comprising the estate of the decedent.

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New Jersey Probate: The Basics

When a family member dies, there’s more to attend to than funeral arrangements. New Jersey probate laws govern the collection and distribution of a decedent’s assets (called their “estate”) to heirs and successors.

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Who is responsible for handling the probate process?

When there is a will, the deceased will usually have named or nominated a personal representative and possibly alternate personal representatives. The personal representative named in a will is not obligated to serve and may choose to resign at any time. If the named personal representative declines to serve, or resigns after serving, the alternate named in the will typically is then appointed by the probate court.

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How much does probate cost and how long does it take?

The time it takes to probate an estate depends on how complicated the estate is, including whether or not the deceased left things in order. If the deceased left piles of papers to be filed and a paper bag full of receipts, it may take time to sort out initial issues, such as gathering assets, filing tax returns, and paying debts.

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What if the decedent owned land in more than one state?

If there is no will, probate is usually required in each state where the real property is situated, in addition to the home state. Each state has its own unique pattern for distributing property when there is no will (intestate succession). All personal property and the real property located in the home state would be distributed under that state’s laws of intestate succession.

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How to Submit a Will for Probate

There are specific tasks that an executor must do to successfully complete the probate process of a will: collect the assets of the deceased, notify creditors, insurance companies, and public agencies, submit papers to the courthouse and set up a probate court date, file the deceased person’s final tax return, and distribute the assets.

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How should federal and state tax matters be handled in probate?

Federal and state taxes are important factors to consider when going through probate court, or in any stage of the estate planning process. Taxes are so important that even the idea of an estate exists largely for taxation purposes. After all, as the name implies, only the “taxable estate” is subject to taxation after death. For your estate to survive the probate process intact, you must understand your taxable estate and how to protect it.

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I owed a debt to a friend who recently died. Do I still owe the money to someone?

You still owe the debt to that individual’s estate. The obligation to repay a debt does not die with the creditor; if it did the debt would be a gift to the borrower, and that is not the case. The assets of an estate, including the debt you owe, will go first to pay the debts of the estate and then to the heirs, either under a will or under the state law on property inherited without a will.

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Washington Probate: The Basics

Probate law deals with the administration and distribution of the personal assets and estate of an individual after death. If you are legal heir to the estate of a recently deceased Washington resident, Washington probate court is an option available to you to assist in the efficient transfer of property. At the same time, many heirs want to avoid probate court altogether, and in most cases, it is possible to do so in Washington.

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