- Probate
- 11 mins
We understand that losing a loved one can be overwhelming. Whether you are the designated Personal Representative or a family member stepping in to manage the decedent’s affairs, knowing where to start and who to turn to can feel daunting. If your loved one died with assets in their individual name, those assets must go through the Massachusetts Probate Court before they can be distributed to the rightful legal heirs or beneficiaries.
The knowledgeable and experienced Attorneys at Lane, Lane & Kelly have been helping families across the Commonwealth navigate the Probate Court and Probate Administration process since our founding in 1938. The Probate filing and administration process can feel like a full-time job for many, as it requires the preparation and filing of extensive paperwork, consistent Court communication, providing and publishing notice to all interested parties, and meeting strict deadlines. Hiring an Attorney that can lead you through this process from beginning to end is invaluable, especially during an emotionally-grueling time.
This legal blog breaks down everything that an Attorney will do on your behalf, compared to what you will be asked to do during the probate administration process.
The Initial Probate Consultation
To begin the probate process, you will first have an initial consultation with Lane, Lane & Kelly, LLP. Together, both you and the Attorney will do the following:
- Conduct the initial review to gather facts, review family information, and basic details about the decedent;
- Review any Will and/or Trust documents that were located to determine the named beneficiaries;
- If no Will exists, the Probate Attorney will help you determine the legal heirs based on the Massachusetts Intestate Succession statute. For more information about Massachusetts Intestacy Laws and what happens if you die without a Will, click here to read our full legal blog.
Responsible Party for All Probate Tasks
Following the initial consultation, the Attorney will handle almost everything from that point forward. The table below breaks down what the attorney will handle compared to what you will handle through the probate administration process.
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The Probate Attorney Handles: |
You Handle: |
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Determination of the type of probate to be filed (Formal, Informal, Voluntary, or Late & Limited) based on the decedent’s assets and family situation. |
Funeral Arrangements and following any burial instructions left by the decedent. Keep thorough receipts of all expenses, as these will be paid back by the estate. |
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Inventory and assess (if needed) the value of all assets held by the decedent. |
Ensure the decedent’s home and personal property are secure to prevent theft or unauthorized access. |
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Prepare and review all necessary probate pleadings to be filed with the Probate Court (“Court”). |
Obtain a certified copy of the death certificate. |
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Prepare an SS-4 IRS form. This form allows your Attorney to obtain an Employment Identification Number (EIN) from the IRS. All Estates require an “Estate Account” with a unique EIN. |
You must be available to aid the Attorney in any missing information and communicate with them on an as-needed basis. |
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Schedule a time to meet with the Personal Representative to obtain their signature on all probate pleadings and the SS-4 form. |
Continue to check the mail on a regular basis, looking for any banking statements, credit card statements, mortgage statements, etc. |
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Review and file all probate pleadings (either electronically or by hand delivering the documents to the Court). |
If you are seeking appointment as Personal Representative of the estate, you will sign all probate pleadings. |
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Monitor filing status and communicate with the Court as questions or issues arise. |
Once Letters of Authority are issued, the Personal Representative will be able to open an estate account at a bank of their choosing, using the EIN obtained from their Attorney. |
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Mail or hand deliver certified death certificate and original Will to the Court. |
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Mail Petition and copy of the death certificate to the Massachusetts Estate Recovery Unit. |
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Retrieve return Citation from the Court. |
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Mail notice to all interested parties via certified first-class mail. |
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Draft and review legal notice to be published in a newspaper of general circulation in the decedent’s home county. |
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Send finalized legal notice to newspaper and pay the associated fees. |
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Obtain an affidavit of publication from the newspaper following publication date. |
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Prepare Return of Service issued by the Court. |
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File the Return of Service with the Court. |
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Obtain Letters of Authority from the Court. |
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Apply for EIN from the IRS. |
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Deliver Letters of Authority and EIN to the Personal Representative. |
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Prepare and deliver Personal Representative guide to assist with next steps, such as opening an estate bank account, liquidating assets, and distributing estate assets to legal heirs/beneficiaries. |
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Prepare Inventory and Final Accounting of estate assets to be filed with the Court. |
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Coordinate with financial institutions to obtain date-of-death values, and assist Personal Representative in coordinating transfers, liquidating assets, and closing accounts. |
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Consistently monitor probate docket for updates, specifically any creditor claims made against the estate (can be made anytime within 12 months of the decedent's death). |
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Negotiate creditor claims and debts, such as outstanding credit card debt payoffs. |
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Facilitate and file estate tax return (if necessary). |
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Mediate and resolve any disputes or family conflict between beneficiaries/legal heirs. |
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Prepare and file any subsequent petitions or probate filings as needed (dependent on assets owned by decedent). This could include Petition to Sell Real Estate, General Trust Petition, etc. |
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File Closing Statement and/or Petition for Complete Settlement |
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Obtain final approval from the Court to close the estate, which must be done no sooner than 12 months following the date of death (statutory claim period). |
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Facilitate the final distribution of assets. Pay final estate expenses. |
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Prepare and deliver final bill containing any outstanding legal fees, court fees, or other estate expenses. |
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Why Work with a Probate Attorney at Lane, Lane & Kelly
Managing an estate can be legally and emotionally complex. The attorneys at Lane, Lane & Kelly, LLP can:
- Provide you with compassionate, trusted guidance during an emotionally difficult time.
- Ensure compliance with Massachusetts probate laws.
- Expedite probate court filings and processes. This also includes navigating complexities with unique assets or selling real estate owned by the decedent.
- Help resolve disputes among heirs or creditors.
At Lane, Lane & Kelly, LLP we have been assisting Massachusetts families with probate matters since 1938. Whether you’re navigating the probate process or need legal guidance on estate matters, our experienced attorneys are here to help. Don’t trust the emotional and financial complexities of managing a loved one’s estate to just anyone. Contact us today to find out why we have consistenly been voted as the Top Law Firm on the South Shore of Massachusetts.
This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this blog you understand that there is no attorney client relationship between you and Lane, Lane & Kelly, LLP.