Probate

Massachusetts Probate of Wills | Estate Administration | Removal of Fiduciaries | Estate Distribution

Probate is a court supervised procedure by which a will is proved to be valid or invalid. In the event that a person dies without a will, a court will determine who is entitled to inherit an estate through the probate process.

Whether a person dies with or without a will, a judge sitting in a probate court determines who is responsible for administering a decedent’s estate. In addition, during the probate process, the court supervises the collection and distribution of assets, as well as the satisfaction of a decedent’s debts, as required by probate law.

Our probate lawyers assist clients in the following practices: administer and settle estates, probate wills or intestate estate, negotiate and litigate will contests, and handle cases involving the removal of fiduciaries. The administration and settlement typically includes re-registering bank accounts and securities, collecting all dividends and interest income, paying all debts, expenses and taxes to be borne by the estate, distributing estate assets and preparing fiduciary accounts.

The probate process includes:

  • Proving the authenticity of a decedent’s will;
  • Appointing a person to handle the decedent’s matters;
  • Appointing a person to handle the decedent’s matters;
  • Gathering and inventorying the deceased person’s property;
  • Paying the decedent’s expenses and creditors (including any taxes);
  • Identifying those persons entitled to distribution from decedent’s estate; and
  • Distributing the assets of the estate to the beneficiaries.

Contact the Boston metro probate attorneys at Field and Dennis to discuss your probate needs