FAQs - Probate |
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| The following Frequently Asked Questions will address the most common questions about Probate. Please feel free to email or call us if you have other questions about Probate. | ||
| Q. | What is Probate? | |
| Q. | Why would I not want my property to go through probate? | |
| Q. | What is an executor? | |
| Q. | Does a person named in a will as executor have to serve? | |
| Q. | Does the executor get paid? | |
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| Q. | What is Probate? | |
| A. | Probate is the process by which property and assets
of an estate are distributed from an estate to recipients designated
in a Will. If there is no Will, the estate will be distributed according
to the laws of Massachusetts. |
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| Q. | Why would I not want my property to go through probate? | |
| A. | When a person dies, the family often needs quick
access to estate assets. If the whole estate must go through probate,
the estate assets may not be available in a timely manner. In addition,
if an estate goes through probate, the disposative provisions of the
will become public knowledge. In order to maintain privacy, people
often will their assets to a trust that includes the disposition of
assets but does not become part of the probate record. |
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| Q. | What is an executor? | |
| A. | An executor is the personal representative of
an estate named in a will. An executor’s duties are to marshal
the assets of the estate, pay estate debts and taxes, and distribute
the estate assets according to the will.
If no executor is named or if a will was not left by the decedent,
the estate’s personal representative will be appointed by
the Probate Court is known as the estate administrator. He or she
has the same responsibilities as an estate executor. |
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| Q. | Does a person named in a will as executor have to serve? | |
| A. | In short, no. That is why there often are several
successor executors named in a will. In addition, one who has taken
the responsibility of being an estate executor may resign at any time.
If no successors are named or successors decline to serve, the Probate
Court will appoint the executor. |
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| Q. | Does the executor get paid? | |
| A. | The main reason most people serve as an executor
is to honor the deceased person's request. But the executor is also
entitled to payment. The exact amount is regulated by state law and
is affected by factors such as the value of the deceased person's
property and what the probate court decides is reasonable under the
circumstances. Commonly, close relatives and close friends (especially
those who are inheriting a substantial amount anyway) don't charge
the estate for their services. |
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Elder Law Attorney
Serving Eastern Mass
