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MA state probate laws, procedure for filing for and appointing an executor to the estate

Asked over 3 years ago - Springfield, MA

once the will is filed and you have published in paper and received the signature of record of all parties in volved in the will. What is the next step and how long does an the atty of record have to report to the courts of all the documents for the executor to be appointed? Also if there is no bills other than regular monthly bills such as elect., cable, water and insurance. How long before the contents of the will gets disbursed?

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Leanna Hamill

Reputation Level 9

Answered over 3 years ago. Probate Attorney in Hingham, MA.

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The citation which stated where to have the legal notice filed will also have a "Return Date" on it. This is the date by which it must be returned to the Court, and the date by which other parties have the right to file objections. If there are no objections, and if the requirements listed on the citation have been met, the Court will then issue a Certificate of Appointment, which the executor will use to carry out their duties in gathering the assets of the estate.

Creditors of the decedent have one year from the date of death to make a claim against the estate, so in general the estate cannot be entirely distributed prior to one year.

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