How Soon Must Probate Be Filed After a Loved One’s Death in Massachusetts?

Losing a family member is an unimaginably difficult time, and dealing with the legal matters that follow can feel overwhelming and totally inappropriate.

It is not abnormal to want to put off the probate process while you’re in mourning.

While probate isn’t always necessary, understanding when and how to start the process is essential. With over 90 years of experience, we at Casey Lundregan Burns P.C. are here to guide you through it once you are ready.

Probate in Massachusetts

Probate is the legal process of settling a deceased person’s estate. This includes identifying and distributing their assets, paying debts and taxes, and addressing any claims from creditors. In Massachusetts, there are two main types of probate:

  1. Informal Probate: A simpler, expedited process for uncontested estates with straightforward distribution.
  2. Formal Probate: A more involved court-supervised process often used when there are disputes or complexities.

The probate process is managed by a Personal Representative (formerly known as an executor), who ensures the estate is handled according to the deceased’s wishes or Massachusetts law if there’s no will.

Time Limits for Filing Probate in Massachusetts

When it comes to filing probate, timing is very important. Although there is no strict deadline in Massachusetts, acting promptly can help prevent unnecessary complications and ensure a smoother process for everyone involved.

General Guidelines

In Massachusetts, there is a general guideline to initiate the probate process within three years of the date of death. However, this timeframe has a few exceptions, including voluntary administrations of an estate, determining heirs, and ancillary (or additional) probate proceedings.

Creditor Claims

Creditors have one year from the date of death to file claims against the estate. Filing probate sooner rather than later allows the Personal Representative to handle these claims efficiently, ensuring the estate’s assets are distributed appropriately.

Exceptions to the General Rule

Even if three years have passed, there are still options. If the decedent died on or after March 31, 2012, and probate wasn’t initiated within 3 years of their death, it is still possible to file a late and limited formal probate. Often, these belated proceedings cover cases involving:

  • Small estates require minimal administration
  • Real estate transactions where title clearance is necessary

Exceptions and Special Circumstances

Some situations may require probate to be initiated sooner:

  • Real Estate Transactions: If the deceased owned real property, probate may be necessary to transfer ownership or sell the property.
  • Accessing Financial Accounts: Bank accounts, retirement funds, or investments held solely in the deceased’s name often require probate to release funds.
  • Business Matters: If the deceased owned a business, probate might be essential for transferring ownership or settling operational issues.

Additionally, voluntary administration may be an option for small estates, such as those with limited assets and no debts. Massachusetts also recognizes ancillary probate for out-of-state residents who own property within the Commonwealth.

Consequences of Delaying Probate

Delaying probate can lead to various challenges, including:

  • Difficulty Locating Assets: Over time, it can become harder to gather information about the deceased’s accounts and property.
  • Increased Risk of Disputes: Unaddressed estates may create tension or disagreements among beneficiaries.
  • Creditor Issues: Failing to address creditors’ claims within the one-year timeframe can complicate the estate’s administration.
  • Personal Liability: A Personal Representative who delays probate may face legal consequences if the estate isn’t managed properly.

Tax implications are another concern. For example, delaying the filing of necessary estate tax returns could result in penalties or interest.

Need Help with Probate in Massachusetts? Contact Casey Lundregan Burns, P.C. Today

At Casey Lundregan Burns, P.C., we’ve been helping Massachusetts families with probate and estate administration for over 90 years. Whether you’re dealing with a straightforward estate or a more complex situation, we’re here to help.

Our team understands the importance of timely action and clear communication. If you need guidance or have questions about your specific probate needs, call us today at (978) 878-3519 or complete our online contact form to schedule a consultation. Let us help you protect your family’s legacy and confidently navigate this challenging time.

Disclaimer: The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.