Bristol County Probate Lawyer

Serving Clients throughout Northfolk County, Plymouth County, Cape Cod & the South Shore Area

While it might feel a bit overwhelming, getting your estate plan in order with the use of an experienced Massachusetts probate attorney can be extremely beneficial for you and your loved ones. A probate attorney can assist with all types of matters that may come before a probate court, including the drafting of estate planning documents, guardianship and conservatorship matters, and zealously advocating on your behalf in any probate litigation cases. At the Law Office of Rachel M. Matos, our experienced probate attorneys are prepared to assist with all your probate needs. To learn more about our wide range of legal services offered by our office, call or contact us today to schedule a consultation.

Contact us online today to schedule a consultation with our Bristol County probate attorney.

What is Probate?

Probate is the legal process through which a deceased person's estate is settled and distributed under the supervision of the court. The primary goals of probate are to ensure that the deceased person's debts and taxes are paid and that the remaining assets are distributed to the rightful beneficiaries according to the terms of the will or, if there is no will, according to the laws of intestacy (the laws that govern the distribution of assets when there is no will).

Understanding the Probate Process in Massachusetts

The probate process typically involves several steps, which may include:

• Validating the will: If there is a will, the court will determine its validity. This may involve verifying that the will was executed according to legal requirements and that the deceased person was of sound mind when it was created.
• Appointing an executor or administrator: The court will appoint a person to oversee the probate process. If the deceased person named an executor in their will, that person will usually serve in this role. If there is no will or no executor named, the court will appoint an administrator.
• Inventorying assets: The executor or administrator will create an inventory of the deceased person's assets, which may include real estate, bank accounts, investments, personal property, and more.
• Paying debts and taxes: The estate will be used to pay off any outstanding debts of the deceased person, including taxes, funeral expenses, and other liabilities.
• Distributing assets: Once debts and taxes are paid, the remaining assets will be distributed to the beneficiaries according to the terms of the will or the laws of intestacy.

Estate Administration and Your Role as Personal Representative

Estate administration is the practical, day-to-day work of gathering a loved one's assets, paying valid debts, and making sure the right people receive what they are entitled to under a will or under Massachusetts intestacy laws. If you have been named as an executor or appointed as a personal representative by the Bristol County Probate and Family Court, you may suddenly find yourself responsible for tasks that feel more like running a small business than managing a household. Our attorneys can guide you through accounting requirements, court filings, notices to heirs and creditors, and the final distribution of property so that you can fulfill your legal duties without feeling overwhelmed.

In addition to working through the court process, a personal representative often has to make practical decisions about maintaining or selling real estate, safeguarding valuable personal property, and managing bank or investment accounts until the estate is ready to close. We can help you understand when you need court approval for certain actions, how to handle disputes between beneficiaries, and what records to keep so that final accounts are accepted by the court. By coordinating closely with tax professionals and, when needed, financial or valuation professionals, we work to reduce avoidable delays and help families in Bristol County, Plymouth County, and Norfolk County move through estate administration with clarity and confidence.

Streamlining the Probate Journey with Professional Legal Guidance

Working with our knowledgeable attorney can make each stage of the probate journey more manageable:

• Clarifying your duties: We explain the legal responsibilities of an executor or personal representative so you understand what the court expects and how to avoid common mistakes.
• Preparing and filing documents: We assist with petitions, inventories, accountings, and other paperwork required by the court, helping you meet applicable deadlines and procedural rules.
• Communicating with beneficiaries: We help you provide clear, accurate information to heirs and beneficiaries so they know what to expect and when.
• Addressing creditor issues: We advise you on how to evaluate and respond to creditor claims and how to prioritize payment of debts.
• Navigating disputes: If disagreements arise, we counsel you on options for negotiation, mediation, or litigation in the appropriate Massachusetts probate court.

Do All Properties Go Through Probate? 

Not all property in an estate is required to pass through probate, so it is important to have someone on your team who knows what is required and what is exempt from this process. Property held in joint tenancy, tenancy by the entirety, accounts and funds with named beneficiaries, life insurance proceeds, and assets held in trusts are all exempt from probate in Massachusetts. Probate also is not necessary for estates worth less than $25,000 with no real estate included or for estates where the assets do not exceed the combined value of the exempt property and final expenses of the estate. 

For estates that do need to go through the probate process, it begins with filing paperwork with the probate court and identifying an executor for the estate. The executor can be a family member, friend, or an attorney. The next step is collecting and inventorying all assets of the estate and notifying any potential creditors that they have one year from the date of the decedent's passing to file a claim with the estate for any unpaid debts. Once all creditors are paid and the final taxes filed for the estate, any remaining assets are distributed according to the terms of the will, trust documents, or, if none exist, the estate is distributed according to Massachusetts intestacy laws. Once the assets are distributed, the final paperwork is filed with the court that closes the estate, and the probate process is complete.

Contact us online today to schedule a consultation with our Bristol County probate attorney.