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Why do some try to avoid the probate process?

Probate is a legal process that endeavors to settle outstanding issues that are related to the disposition of individuals' end-of-life estates. For some Massachusetts residents, probate is a necessary component of closing out the legal and financial issues that come up when someone passes away. For others, it is a relatively expensive experience that may deprive beneficiaries of some of the wealth and assets they are supposed to receive.

Under what circumstances may probate be necessary?

Many Massachusetts residents take it upon themselves to prepare estate plans that minimize their chances of having to go through probate. Probate is not an inherently bad process, but it can be time consuming and costly if it drags on long after a decedent's passing. There are several sets of circumstances that can individuals to utilize the probate courts so as to avoid other possible legal problems in the administration of estates.

How long can an estate be stuck in the probate courts?

As with all legal matters, readers should be aware that their individual probate timelines may be very different from those of others who also must go through the process. As every Massachusetts resident will pass on with a unique estate, the individual characteristics of their property, assets, and wealth will influence if their probate process is lengthy or brief. Therefore, this post is offered as information only and not legal guidance on any individual probate situation.

What is the probate process?

The Massachusetts probate process may seem complex and difficult to understand, but it does not have to be that way. Getting answers to common questions about what the probate process is can help estate planners and families know what to expect from probate.

Avoiding probate possible, but not definite, with estate plan

The loss of a loved one who is near and dear to your heart will have lasting effects on your life. However, we all pass on at some point, so it's best to plan for that passing to make it smoother on loved ones and others that will be impacted by the death. When a person looks at their life, they may have amassed many assets or responsibilities along the way. An estate plan can help to distribute those assets in a way that one sees fit.

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probate Archives | Boston Area Elder Law Blog