A person who dies without leaving a will in Massachusetts is said to die intestate. There are two available tracks for probating an intestate estate in Massachusetts: a routine way or the traditional way.  The lawyers at Wilson & Whitaker, LLC can help you with the easier way (a Voluntary Administration or Administratrix) or the more traditional way.

Is probate complicated?

Generally speaking, for estates valued under $15,000 there is a streamlined probate process available to that is easily completed in minimal time and effort.  Estates of greater value require a more formal and time consuming (but manageable) process.

Contact our lawyers for a free consultation to learn the requirements of both approaches and see which one works best for you.  The traditional administration of an estate without a will is largely governed by Massachusetts law.  Under the law there are different distribution plans depending on who is left behind and what is being left behind.  It is not always what you think it and you would be wise to seek advice before proceeding under a false assumption.  For instance, most people mistakenly think everything is left to a surviving spouse when one spouse passes away, but this is not always the case.  Did you know that amounts above a limit may be treated differently than amounts less than this threshold when a surviving husband or wife is involved (i.e., $200,000 in 2008)?  And that the distribution can be affected by whether children or "issue" were left behind?  Generally this information comes as a surprise and can often lead to some unanticipated results.  Thus, we suggest you not only consider the probate estate, but also your own planning needs, especially if you do not have a will or any other estate planning options in place.