Dover Probate Lawyers
Hardworking Professionals Representing You
At Marsden Law P.C., our attorneys approach every probate client with the delicate compassion they need during the emotionally taxing grieving process, while remaining firm and diligent with the court and creditors to handle the process and necessary communications for you. We offer the support the Dover community needs and the results they deserve.
Our attorneys are essential aids in an efficient probate. Contact us today for assistance with probate in Dover.
Is Probate Required?
Probate in Massachusetts is heavily dependent on how the decedent’s property was titled upon their death. Probate is usually required if:
- The will needs to be checked for authenticity
- The decedent’s property or assets are held solely in their name
- There are outstanding fees to be paid on behalf of the decedent
- The decedent needs to have a tax return filed and/or taxes paid
- The family wishes to obtain the decedent’s medical records
These scenarios will typically necessitate probate after the owner of the assets passes away. In Massachusetts, you have three years to probate the decedent’s estate after their death.
The Different Types of Probate
Massachusetts offers four options for handling an estate, three of which are probate and the last being voluntary admission.
- Informal probate is a proceeding handled by a Massachusetts Uniform Probate Code Magistrate rather than a judge. There are no hearings involved, making it a potentially faster process.
- Formal probate requires a hearing or hearings in front of a judge.
- Late and limited formal probate typically serves parties settling the will of someone who passed more than three years ago.
- Voluntary admission is an alternative that simplifies the procedure when there are few assets valued at or less than $25,000 to be handled. It’s an option for Massachusetts decedents regardless of if they left a will.
To determine which proceedings you may be eligible to pursue, and for help figuring out how to do so, contact one of our attorneys in Dover.
Qualifications to Serve as Personal Representative
If the decedent left a will in which they named an executor, that person may assume the position, as long as the will is determined to be valid through probate court. If the decedent did not leave a will or the will is found to be invalid, their spouse has legal priority to act as the representative. If the decedent was single at the time of death, their children have priority.
Family members or otherwise anointed beneficiaries may serve as the executor, but they may also enlist the help of an attorney. Doing so allows you to have professional legal help on hand to facilitate the entire proceeding with ease.
If you’re experiencing difficulty acting as a will executor, call one of our experienced attorneys: (800) 828-7854. We accept cases throughout Dover.
“I highly recommend Marsden Law for anyone dealing with the financial (and emotional) needs of caring for an elder parent.”- Brian O.
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“Professionalism, Responsiveness”- Denise K.
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No matter the size of your estate, it is important to take the time to assess your situation and draft a comprehensive estate plan that includes a last will and testament, strategies to minimize taxes, a durable power of attorney, and guardianship for any minor children. Marsden Law P.C. will develop a custom estate plan that covers your unique needs and ensures you and your loved ones are prepared for major life events and emergencies.