Learn about the differences between these two probate classifications, and see whether the probate of your loved one may qualify for the expedited informal probate process.more...
Hingham Probate Lawyer & Estate Administration Attorney
For those who have little experience with the probate process, fulfilling the legal requirements associated with estate administration can be especially challenging. However, if you are appointed as a Massachusetts personal representative, it is critical to understand that you do not have to face the process alone. Instead, it may be highly beneficial to you to hire an experienced Hingham probate lawyer who can move your loved one’s estate through probate in an efficient and cost-effective manner.
As a Massachusetts estate administration attorney, I provide affordable probate representation to clients in Hingham and the surrounding communities, including Braintree, Weymouth, Dedham, Milton, Norwood, Boston, and throughout Massachusetts. If you were named as an estate administrator or personal representative, I invite you to call my office to schedule a free consultation to learn how I can help ease the burden of probate responsibilities.
How Does the Probate Process Work in Massachusetts?
Probate is court-supervised process of administering a deceased person’s estate, including authenticating a will (if one exists) and approving an individual (known as a “personal representative”) to distribute property and assets.
Probate typically consists of some or all of the following steps:
- Validating a will;
- Inventorying all property and assets;
- Settling debts;
- Paying taxes;
- Selling real estate;
- Distributing the remaining assets in accordance with a will or Massachusetts state intestacy laws; and
- Filing court documents to close probate and release the personal representative from future liability.
What Court Has Jurisdiction to Administer Hingham Probate Matters?
Probate administration for those who last lived in Hingham is handled by the Plymouth Probate and Family Court. The Brockton division of this court is located at:
215 Main Street
Brockton, MA 02303
The Plymouth division of this court is located at:
52 Obery Street
Plymouth, MA 02360
Do I Need an Experienced Hingham Probate Attorney?
Administering an estate can be challenging, as it involves substantial paperwork and court appearances. For example, to initiate the probate of a will, an individual must file a petition, an original will, and a copy of a death certificate, as well as publish notice in a local newspaper and contact all heirs (or the Attorney General if a charity is listed as a beneficiary). Further, if the probate process becomes contentious due to will or inheritance disputes, it can become even more difficult.
However, as a probate administration attorney for Hingham and the surrounding communities, firm-founding attorney Anthony Gemma stands ready to help navigate through every step of the process.
How Do I File for Voluntary Administration of an Estate in Massachusetts?
Massachusetts offers a streamlined probate process for estates with minimal assets and no real property. To complete a voluntary administration, the following must be filed with the probate and family court:
- Voluntary Administration Statement (MPC 170);
- A certified copy of the death certificate;
- The original will (if any); and
- $115 Fee (includes a $100 voluntary administration statement filing fee and a $15 voluntary administration filing surcharge fee).
You may also be required to file:
For estates with real estate property or substantial assets, voluntary administration is not available. If you are unsure whether your loved one’s estate qualifies for the simplified probate process, we urge you to reach out to an experienced Hingham probate lawyer and estate administration attorney.
Hingham Probate Attorney Helping Personal Representatives in Estate Administration.
Often, a person named as a personal representative or executor will be serving in such capacity for the first time. Consequently, executors and personal representatives will typically have numerous questions concerning their duties. As an experienced probate lawyer, I provide answers to administrators and guide them through all legal aspects of the probate process.
If you are undertaking an estate administration role, I invite you to call our office to schedule a free consultation to learn how we can help you.
 File a voluntary administration for an estate, Massachusetts, https://www.mass.gov/guides/file-a-voluntary-administration-for-an-estate.
 Probate and Family Court Voluntary Administration Statement (MPC 170), Massachusetts, https://www.mass.gov/info-details/probate-and-family-court-voluntary-administration-statement-mpc-170.
 Suspicious Death Affidavit, Massachusetts, https://www.mass.gov/doc/cause-of-death-affidavit-mpc-475/download.
 File a voluntary administration for an estate, Massachusetts, https://www.mass.gov/guides/file-a-voluntary-administration-for-an-estate; Probate and Family Court Affidavit of Domicile (MPC 485), Massachusetts, https://www.mass.gov/info-details/probate-and-family-court-affidavit-of-domicile-mpc-485.
The firm will not take any action on your behalf unless and until a written agreement for representation is signed by the firm.
Gemma Law Office News & Information
When estate planning is being undertaken at the same time that a person is separated or getting a divorce, it is critical that the person engaging in estate planning fulfill their other obligations concerning asset disclosure in connection with the divorce or separation. A person may not simply shield their assets from a divorce by creating and transferring their assets to a trust, or otherwise giving away assets.more...
If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...