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Quincy Probate Lawyer & Estate Administration Attorney
The loss of a loved one is not only tragic, but it can take substantial time to process emotions and grieve. In the midst of such trauma, fulfilling the legal requirements associated with estate administration is not likely the first thing on a person’s mind.
However, if you are appointed as a Massachusetts personal representative, it is critical to hire an experienced probate lawyer who can navigate your loved one’s estate through the probate process in a pragmatic and cost-efficient manner.
For years, Massachusetts estate administration attorney Anthony Gemma has provided tenacious, affordable probate services to clients in Quincy and the surrounding communities, including Hingham, Braintree, Weymouth, Dedham, Milton, Norwood, Boston, and throughout Massachusetts. If you need help probating a loved one’s estate, we invite you to call our office to schedule a free consultation.
What Court Has Jurisdiction to Administer Quincy Probate Matters?
Probate administration for those who last lived in Quincy is handled by the Norfolk Probate and Family Court. This court is located at:
35 Shawmut Road
Canton, MA 02021
What Is Probate?
Probate is the court-supervised process of overseeing and administering a deceased person’s estate, including authenticating a will (if one exists) and approving a named executor to distribute property and assets.
Probate typically consists of some or all of the following steps:
- Submitting a will (if one exists);
- Inventorying all assets and property that belonged to a decedent;
- Appraising property;
- Paying debts;
- Paying taxes;
- Distributing the remaining assets in accordance with a will or Massachusetts state intestacy laws; and
- Filing court documents and closing probate.
Administering an estate can be challenging, as it involves substantial paperwork and court appearances. 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 Quincy and the surrounding communities, firm-founding attorney Anthony Gemma stands ready to guide you through every step of the process.
How Do I Start the Probate Process in Massachusetts?
To initiate the probate of a Massachusetts will, an individual must file a Petition, an original will, and a certified copy of a death certificate with the probate court. Notice must be published in a local newspaper and mailed to all heirs or to the Attorney General if a charity is a beneficiary and there are no other legal heirs. If no parties object by a court-determined deadline, the named Personal Representative will be appointed by the court.
Much like appointing an executor, if an individual dies without a will, a Petition for Administration and a copy of a certified death certificate will need to be filed to have an estate Personal Representative appointed. Massachusetts Personal Representatives are then responsible for settling debts, marshalling and identifying assets, and distributing assets to the beneficiaries of the Estate.
What Is a Voluntary Administration for an Estate?
Massachusetts offers a simplified probate process for estates with minimal assets and no real estate property. To complete a voluntary administration, the following are among the documents that must be taken with regard to filings with the Probate Court:
- Voluntary Administration Statement;
- A certified copy of the death certificate; and,
- The original will (if any).
If your loved one died with substantial assets or any real estate property, the simplified probate process is not available, making it crucial to reach out to an experienced Quincy probate attorney and estate administration lawyer.
How I Help Quincy Personal Representatives in Estate Administration
In many (perhaps most) cases, a person named as a personal representative or executor will be serving in such capacity for the first time. As a result, executors and personal representatives will typically have numerous questions concerning their duties, particularly with respect to estate management and asset distribution. In addition, in some cases, conflicts can result, or there may be ambiguity as to how assets are to be divided (such as in the case where a house may be left to several adult children of a decedent).
As an experienced probate lawyer, I provide answers to administrators and guide them through all legal aspects associated with probate, including preparing and filing probate and property transfer documents.
If you are undertaking the role of a personal representative, I invite you to call our office to schedule a free consultation to learn how we can help you.
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...