In Massachusetts, when a person dies with property where it is not positioned legally to be passed on to someone automatically either because it is a bank account with a joint owner named on the account, or names a beneficiary on a life insurance policy or a retirement plan, or is an asset inside a trust with a named successor in case someone dies, then the asset needs to have the name of a person who is alive placed on it for new ownership.

The process is called probate and it is done through the Massachusetts Probate Court in accordance with the Massachusetts Probate Code.

The process begins by filing a petition in the Probate Court to allow a Will if there is one otherwise, there is a need to file a petition to decide according to the law of descent and distribution to whom property will go.

Under the Probate Code, there are options procedurally to probate the estate, either by the Informal Procedure usually used when there is a Will and no real estate involved or the Formal Procedure which is used most often to settle the affairs.

The Probate of an estate must be filed within three years of a person’s death.

Inasmuch as most of the probate activity occurred within the first few months, the probate estate must be kept open until one year from the date of death of the decedent since creditors have and goes, the process can be completed and the legacies can be distributed to the heirs.

The Probate process provides a structure and certainty as to the disposition of a decedent’s assets. Many positive aspects result:

1. Reduced costs and reduced time to settle affairs. Wills that are drafted by experienced legal counsel establish clear lines of management and distribution of the decedent’s property as opposed to circumstance where there is no Will or poorly drafted documents.
2. Good Documents provide certainty. Properly drafted Wills and supporting documents provide certainty as to who will share in an estate and in what proportions.
3. The Will provides insight into the Decedent’s intentions. A Will provides an opportunity to view the intentions of the decedent and often the reasons for that person making the decisions that follow in the division of assets.
4. Probate directs specifically distribution of assets without issues. Quite simply, a properly drafted Will that is admitted to probate eliminates challenges to ownership of assets passing through the Will.