Guide to Opening a Probate Estate in Norfolk Division Probate Court
This guide provides detailed information on the process of opening a probate estate in Norfolk Division Probate Court. Topics covered include types of openings, considerations prior to filing, heirs and devisees, notice requirements, priorities for appointment, creditors as petitioners, and the importance of bonds in the appointment of a fiduciary.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Opening a Probate Estate Charles Bogan Norfolk Division, Probate Court charles.bogan@jud.state.ma.us
Types of Openings Voluntary Administration Small estates under $25,000 exclusive of one vehicle Petition for Informal Appointment Petition for Formal Appointment Petition for Special Personal Representative Used to protect probate assets and must accompany an informal/formal Used for Will search Petition for Late and Limited MUPC deaths that exceed 3 years since DOD Ancillary Administration
Considerations Prior to Filing Venue determined by domicile Pre-MUPC or MUPC death March 31st 2012 Is there real estate? What do we want to do the real estate? Sell? Registered land? Who are the interested parties? Are they all adults and competent?
Heirs/Devisees Which law governs is based on DOD Heirs Heirs are those who take when there is no will or the will does not provide for all assets Devisees All persons or entities that receive something in a will
Notice Always Heirs Devisees (if there is a Will) Division of Medical Assistance Possibly Attorney General Department of Developmental Services Veteran's Affairs
Priority for Appointment Nominated PR in will Surviving Spouse who is also a devisee Other devisees in will Surviving Spouse Other heirs at law Public Administrator if no known heirs
Creditors as Petitioner Must be formal proceeding Must be presented
Bond Always required with the appointment of a fiduciary The acceptance of the fiduciary's appointment Can be without sureties if.. Will waives sureties All heirs and/or devisees assent to waiver of sureties Sureties can be either personal or corporate Penal sum dollar for dollar of personality
Guardian Ad Litem If an interested party is legally incapacitated and unrepresented If needed must be formal Motion to waive may be appropriate Question of GAL does not apply to Voluntary Statements
Parental/Virtual Representation Parent may represent minor if there is no conflict of interest Virtual representation allows a party to represent unborn and unascertained parties. Receives notice on behalf of unborn and unascertained Must have nearly identical interest as unborn and unascertained Requires formal, motion go waive GAL, affidavit of no conflict by individual (not attorney)
Voluntary Administration Statement For small estates under $25,000 exclusive of one vehicle Descendant must have been domiciled in Massachusetts Must be 30 days from DOD No notice requirement (except DMA) Not an appointment No GAL requirement
Informal Must be Perfect Original Will no interlineations Everyone's accounted for and getting along 7 Day notice prior to filing Challenge period is the later of three years from date of death or 1 year from probate if contesting a will Does not adjudicate heirs Object by filing a formal petition
Formal Citation Issues for notice and publication Adjudicates heirs Used if original Will is lost or destroyed Object to by filing appearance and objection File an affidavit within 30 days of return date Supervised administration allows for court supervision through motion practice
Special Personal Representative Used to collect and preserve assets An emergency exists Must be accompanied by an informal/formal petition Except for will search If there's a situation where a PR has a potential conflict
Requesting a SPR May be requested in a formal petition with a motion for SPR Petition for SPR generally only used for will searches Surety bond required (unless all assents) Motion notice Check local practice as to scheduling
Late and Limited MUPC deaths when more than 3 years have passed Adjudicates testacy Not required for ancillary proceedings May proceed with an informal/formal even if DOD was more than 3 years A late and limited appointed PR may not seek a license to sell real estate of the decedent. The PR s authority is limited to confirming title to estate assets in the successors and paying expenses of administration, if any.
Ancillary Administration A probate proceeding has already occurred in another jurisdiction If there is an out of state appointment, exemplified copies required Venue determined by location of property May be an informal or formal Paperwork is same as normal appointment
Notes If the residence on death cert is wrong file Affidavit of Domicile (MPC 485) If cause of death is pending file Suspicious Death Affidavit (MPC 475) Informal Probate Publication Notice (MPC 551) is not filed with court. Used to complete publication after informal Proof of publication will be required if you later seek a license to sell
Resources MUPC Procedural Guide https://www.mass.gov/files/documents/201 6/08/vb/mupc-procedural-guide.pdf Kinship Chart (MPC 960) https://www.mass.gov/files/documents/201 6/08/wk/mpc960-massachusetts-degrees- of-kinship-chart.pdf Massachusetts Probate Manual
