The probate of an estate occurs when someone dies and their assets are distributed according to a will or according to certain default laws if the person dies without a will (called intestate). The other purpose of probate is to make sure all creditors claims against the deceased person are properly resolved. Additionally, the probate case gives others the possibility to petition the court to distribute all or part of the estate to them if they can prove certain elements under the law.
Recently a new series of laws went into effect in Massachusetts called the Uniform Probate Code. These laws drastically updated and overhauled the States existing probate laws. Here is a link to the Trail Courts' website with some great information about probating an estate and other helpful information. Since the laws are relatively new to Massachusetts, courts have not rendered decisions interpreting many important aspect of the new Probate Code.
Protecting a loved ones estate is an important goal for many and it is a fiduciary responsibility for some. Making sure the deceased last wishes are carried out properly is the responsibility of the person in charge of the estate. Alternatively, sometimes what appears to be a legitimate will or gift may not be legally binding. There are also ways to plan an estate so that it does not need to go through probate court. If you have any questions regarding wills or the probate of an estate in Massachusetts, contact of the attorneys at Bohnet & Romani, P.A. www.Bohnet-Romani.com.
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