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Landry & Meilus, LLP | Attorneys At Law

Responsive attorneys providing high-level service with a focus on client relationships.

Legal Representation In Probate Law 

Probate is necessary if the deceased person drafted a will or passed away without creating a will or funding a trust. It is a court-directed process for resolving debt, distributing the deceased person’s property and carrying out the directives of a will if one exists. Our legal team at Landry & Meilus, LLP in Barre, has more than 70 years of combined legal experience guiding individuals through court procedures to protect their best interests. We make the process as easy and transparent as possible for our clients. Our focus as a law firm is on helping families and individuals named executors from our community understand their rights and duties throughout the entire probate process.

What Can You Expect During Probate?

If you are named as the executor or personal representative of a will, either by appointment of a probate judge or by being named in a will, you will be tasked with a series of responsibilities. The process begins by locating the will if one exists and ends with distributing assets to heirs after debts have been settled. Some of the duties an executor should carry out include:

  • Creating an inventory of all assets.
  • Collecting property subject to probate.
  • Locating and notifying heirs and devisees.
  • Distribute property to named devisees.
  • Closing the estate according to Massachusetts law.

If an interested party contests the will or you being named as the executor or personal representative, our attorneys can represent you in all matters related to contested or uncontested wills. We will also assist you by identifying assets subject to probate and obligations such as inheritance taxes, to mention a few duties. We know that you are going through a difficult time. Let us protect your best interests and assist you through the probate process.

Answers To Your Most Pressing Probate Questions

Below, we answer some of the most common questions about probate to help you better understand what to expect from this process. While every probate case is unique, these answers can give you a foundation of knowledge as you move forward.

What assets are subject to probate in Massachusetts?

Probate generally includes assets the deceased owned alone without named beneficiaries. These include houses or land in their name, bank accounts without payable-on-death instructions, cars, personal items and investments with no listed beneficiaries. As your legal team, we can help you determine which assets are subject to probate and guide you through the process of managing these assets according to Massachusetts law.

Can you help me if I live out of state but need to probate an estate in Massachusetts?

Yes, we regularly assist clients who live outside Massachusetts but need to handle probate matters here. Massachusetts probate follows specific local laws and court procedures that differ from other states, making local legal guidance essential. Our firm can serve as your representative in court, which reduces the number of times you need to travel. Having a Massachusetts attorney familiar with local probate courts saves you time, stress and potential mistakes that could delay the process or increase costs.

How long does probate take in Massachusetts?

Most probate cases in Massachusetts take between six and 12 months to complete, but complex estates can take longer. The process begins with filing the petition and will with the probate court, followed by a notice period where creditors have up to one year to make claims against the estate. During the middle months, we work to pay valid debts, file required tax returns and create an inventory of all assets. Once debts and taxes are resolved, we can distribute the remaining assets to the beneficiaries according to the will or state law. The final step involves submitting accounting documents to the court and requesting that the estate be closed, which typically happens a few weeks after all distributions are made.

Learn More About The Probate Process

Schedule an appointment today by calling us at 978-355-2289 or by sending us an email. We are also ready to help you in all matters involving guardianship and conservatorship matters related to real estate.