Estate administration is necessary following a death in Massachusetts. When someone passes away, the deceased individual’s property does not usually transfer automatically to beneficiaries or heirs unless the deceased person has made an estate plan that makes this automatic transfer possible. Instead, a formal probate process has to take place and the affairs of the estate must be settled. During the probate process, estate administration must take place.
The Law Offices of James A. Miller can provide invaluable assistance to those who are in charge of estate administration. We understand how the probate process process works and we know what the roles of involved parties are in estate administration.
We offer advice to beneficiaries or to heirs who stand to inherit, as well as to the person who is placed in charge of actually administering the estate. Our experienced legal team also provides assistance during the estate planning process in choosing an estate administrator who will reflect your wishes and who will properly carry out the estate administration process.
Key Facts About Estate Administration
The estate administration process typically must take place after every death in Massachusetts, with limited exceptions for situations where a comprehensive estate plan has made it possible for all assets to transfer automatically to heirs without probate.
Typically the estate administration process is overseen by a person who is chosen by the deceased. The person that is selected by the deceased in a will is called the executor of a will. If there is not a will that is legally valid or if the deceased created a will but no executor was named in the will, then the probate court appoints an estate administrator or a personal representative who oversees that estate administration process.
An estate administrator has to understand Massachusetts laws on the probate process and must understand the formal steps that are involved in settling an estate. Throughout the entirety of probate, the estate administrator is going to have to take care of assets that the deceased person left behind; is going to have to make important financial decisions; and is going to be required to interface with the probate court in order to make sure that the essential steps of estate administration are completed correctly.
Why You Need Legal Advice on Massachusetts Estate Administration
The estate administration process can be a complicated one, regardless of your role within it. If you are the executor of a will or if you have been named a personal administrator by the court, you have extensive obligations during the probate process. You are going to need to take care of dealing with the court and filing paperwork that is required to administer the estate. You’ll also need to determine the assets that make up the contents of the estate, secure valuations, pay any estate tax that is due, and take care of the formal asset transfer process.
An experienced Massachusetts probate attorney can provide guidance to anyone who is serving as estate administrator. The Law Office of James A. Miller will take care of all legal technicalities for you and help you to fulfill all of the obligations imposed on you. We can protect you from personal liability by assisting you in understanding your estate administration duties and we can assist you in making sure the wishes of the deceased are respected.
We also represent heirs or beneficiaries who stand to inherit and who want to make certain that the estate administration process goes as smoothly as possible so your inheritance is kept safe and so you can obtain the full value of your inheritance as quickly as possible.
Getting Help from An Estate Administration Lawyer
The Law Offices of James A. Miller understands the Massachusetts laws that apply to estate administration and we can provide invaluable guidance to the person who has been named executor of a will or chosen by the court to serve as estate administrator. We also offer guidance during the estate planning process in selecting the right person who you can count on to administer your estate in an appropriate way.
To find out more about how a Massachusetts estate administration lawyer can assist you in the estate administration process, give us a call at 866-370-3888 or contact us online. You can also download a free estate planning worksheet to discover more about the ways in which your estate plan will affect the estate administration process and to find out how to make the transfer of assets to beneficiaries or heirs as easy as possible.
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