It's very important to choose the correct approach to settle an estate during the difficult time following the passing of a loved one.
Since Informal Proceedings leave the door open for objections to the Will for 12 months after the Personal Representative is appointed, or for 3 years after the decedent's death there are questions whether Informal Proceedings will always be an effective way to transfer real estate.
Real estate lawyers have a new title standard that says Informal is OK, IF there is a power of sale in the decedent's Will document, and IF no one has filed objections to the Will. The Legislature has passed a law giving the informally appointed Personal Representative power to sell real estate IF the Will included Power to Sell. Section 3-715 (23 ½)
But if there is no will, or there have been objections to the will, people who buy real estate from an estate are going to insist on Formal probate or a Probate Court license to sell the real estate.
The Law Office of John L. Roberts serves clients in Hampden County, Massachusetts.