Q: What is probate?
A: Probate is the
process that governs the administration of an estate. Every
asset that a person passes by his or her will is subject to
probate. This is a very specialized area of law, and it is
extremely important to have legal representation if one is the
Executor or Executrix of an estate.
Q:
Who is an Executor /
Executrix?
A: An Executor or
Executrix is the person in charge of the administration of the
estate. The Executor is usually nominated in the will, and once
appointed will customarily work with an attorney to complete the
probate of the estate.
Q:
How long does probate
take?
A: In
Massachusetts, probating an estate customarily takes a minimum
of one year, and involves several phases, including but not
limited to, the initial filing of the Petition for Probate and
accompanying documents with the Probate Court, Legal Notice and
Publication, the preparation of a Probate Inventory, and the
filing of a First and Final Account.
Q:
Is probate necessary for
small estates?
A: Probate is
necessary for any estate that has assets in excess of $15,000.00
that are passing by way of a will.
Q:
Is probate necessary for a
car?
A: Under certain
circumstances, automobiles may be exempt from probate.
Q:
Can I avoid probate for my
estate?
A:
Through proper estate planning, a person can avoid the necessity
of probate for his or her estate. |
