Estate Planning Probate

Our Cambridge probate attorneys are here to keep you informed regarding estate planning probate. When someone dies, his or her estate is probated, which requires filing a petition with the probate court in the decedent’s jurisdiction.

If one dies with a will, the will must still be submitted to the probate court for the formal appointment of the executor, who will then be responsible for handing the estate in accordance with the will. The probate process can be a tedious and rule-oriented process, as there are many formalities that must be addressed.

Since the executor owes a duty to the will’s beneficiaries to ensure that the assets and liabilities of the estate are handled in accordance with the will, the probate court places certain procedural hurdles on the executor to ensure proper handling of the estate. During the probate process it is essential to have proper guidance to adhere to these formalities and ensure clean and efficient handling of the estate.

If one dies without a will (intestate) the court will appoint an administrator, who will be responsible for accounting all assets and liabilities of the decedent and distributing them in accordance with Massachusetts intestacy laws. Intestacy laws provide guidelines on how an estate will be distributed and, additionally, can provide guidance if a will under a gift fails or is not enforceable.

To ensure that your probate assets are disposed of according to your desires, an estate plan should include drawing up a will.

Contact a Cambridge Probate Attorney

If you are probating an estate or an executor, please contact our Cambridge probate attorneys today at 781-674-2562 to speak with an estate planning attorney.