Losing a loved one is difficult enough without the burden of navigating the legal process of settling their estate. At Merrimack Valley Estate Planning Center in Methuen, MA, we guide executors, administrators, and families through every step of probate under the Massachusetts Uniform Probate Code (MUPC).
Probate is the court-supervised process of validating a will, appointing a personal representative (executor), inventorying the deceased person's assets, paying debts and taxes, and distributing remaining property to beneficiaries. In Massachusetts, probate proceedings are handled by the Probate and Family Court in the county where the deceased resided.
Massachusetts adopted the Uniform Probate Code (MUPC) in 2012, modernizing the probate process and introducing streamlined procedures that can significantly reduce the time and expense involved — when handled correctly.
The MUPC introduced informal probate, which allows estates to be administered with minimal court involvement. This process is available when the will is uncontested, there are no disputes among beneficiaries, and the personal representative is able to fulfill their duties without court supervision. Informal probate is typically faster and less expensive, with the Magistrate (rather than a Judge) approving the appointment.
Formal probate requires a court hearing before a Judge and is necessary when the will is contested or its validity is questioned, heirs or beneficiaries disagree about distribution, the estate involves complex assets or significant debts, or there is no will and intestacy rules apply. Our attorneys represent clients in both informal and formal proceedings, and we are experienced in contested matters including will challenges and disputes between beneficiaries.
If you have been named as a personal representative (executor), Massachusetts law imposes specific duties and timelines that must be followed carefully. Failing to meet these obligations can result in personal liability.
Your key responsibilities include filing the will and death certificate with the appropriate Probate and Family Court, publishing notice to creditors (creditors generally have one year to file claims), preparing a complete inventory of estate assets and filing it within three months of appointment, managing estate assets prudently during administration, filing the deceased's final income tax return and any required estate tax returns, paying valid debts, taxes, and administration expenses, and distributing remaining assets according to the will or intestacy law.
Massachusetts is one of a limited number of states that imposes its own estate tax, separate from the federal estate tax. The Massachusetts estate tax threshold is significantly lower than the federal exemption — estates valued at more than $2 million (as of the current threshold) may be subject to Massachusetts estate tax. Unlike the federal exemption, the Massachusetts threshold is a cliff: once exceeded, the entire estate is taxed, not just the amount above the threshold. Proper estate planning can help minimize or eliminate this tax burden through strategic use of trusts and gifting strategies.
For small estates — those with personal property valued at $25,000 or less (excluding real estate and vehicles) — Massachusetts allows a simplified process called voluntary administration. This avoids the full probate process entirely, and can be completed by filing a simple affidavit with the Probate Court 30 days after the date of death.
Whether you are serving as a personal representative for the first time or dealing with a contested estate, our attorneys provide hands-on guidance through every phase of the process. We handle all court filings and correspondence, assist with asset inventory and valuation, coordinate with accountants on tax filings, resolve disputes between beneficiaries when possible through mediation, and represent clients in formal probate litigation when necessary. We serve families throughout Methuen, Lawrence, Andover, Haverhill, Lowell, and the greater Merrimack Valley.
Schedule a free consultation with our experienced estate planning attorneys in Methuen, MA. We serve families throughout the Merrimack Valley.
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