A Helpful Guide to Probate After the Loss of a Loved One

Losing a loved one is never easy. Along with the emotional weight that comes with grief, families often face decisions, paperwork, and responsibilities they did not expect. It can feel overwhelming, especially when you are still processing the loss.

That is where probate becomes essential.

Probate may sound intimidating, but it is simply the legal process that brings order, clarity, and closure during a difficult time. At Murray Law Firm, we help families navigate probate every week, and our goal is to make the experience as smooth and stress-free as possible. This guide explains the process in simple, human language.

What Is Probate?

Probate is the court-supervised process that:

• Confirms the will, if there is one

• Identifies and gathers assets

• Pays remaining debts

• Distributes property to the correct heirs

  
  

It is the court’s way of making sure everything is handled fairly and correctly. Probate protects families and prevents mistakes, confusion, or disputes.

Ana was raised by her grandparents, and although they left her a will, there was no trust in place, so she is now navigating the probate process.

Why Does Probate Exist?

Probate provides two primary forms of protection.

1. Protection from fraud. It ensures only the correct people can access property or accounts.

2. Clarity for families. It allows assets to be transferred legally, which is required to sell a home, close accounts, or distribute an inheritance.

When Do You Need Probate in Massachusetts?

Most families need probate when:

• There is real estate involved

• Bank accounts are only in the deceased person’s name

• There is no trust

• A minor is inheriting

• There are multiple heirs

• Family members disagree

• The estate is not fully organized

  
  

If your loved one owned property in Massachusetts and their assets were not properly structured, probate is typically necessary.

Who Handles Probate?

The court appoints a Personal Representative, formerly known as an Executor. This person is responsible for:

• Filing required documents

• Managing accounts

• Paying bills and debts

• Selling real estate if needed

• Distributing inheritance

• Communicating with family members

  
  

Sometimes the family agrees on who should take this role. Other times, there are disagreements. In those situations, the court decides that hiring an Attorney can help you navigate these issues.

Types of Probate in Massachusetts

Informal Probate

The simpler and faster option. Choose this when:

• Everyone gets along

• There is a valid will

• There are no disputes

• No minors need guardianship

  
  

Formal Probate

Required when the court needs to be more involved. Choose this when:

• There is a dispute

• Someone contests the will

• A minor is inheriting

• The estate is complicated

• A court order is needed

  
  

Both options lead to the same result, but formal probate includes more oversight and steps.

How Long Does Probate Take?

Most probate cases take six to twelve months in Massachusetts. This timeline is regular because:

• The court reviews documents

• Creditors have a twelve-month claim period

• Real estate may need to be prepared and sold

• Assets must be identified appropriately and distributed

  
  

It is not a fast process, but it is manageable with guidance.

The Probate Process Step by Step

Here is what typically happens:

1. Initial consultation with a probate attorney

2. Collection of documents and information

3. Filing the probate petition

4. Appointment of the Personal Representative

5. Notices sent to heirs

6. Assets and accounts identified

7. Bills and debts paid

8. Property sold if necessary

9. Inheritance distributed

10. Probate case closed

    
    

This process is structured, clear, and supported by the attorney at every stage.

When heirs disagree about what to do with the family home, the probate process becomes even more challenging.

Why Work With a Probate Attorney

During a time of loss, dealing with legal paperwork is the last thing a family needs.

A probate attorney ensures:

• All forms are filed correctly

• Deadlines are met

• Banks and institutions cooperate

• Real estate is handled properly

• Potential disputes are managed

• The Personal Representative feels supported

  
  

This allows families to focus on healing rather than navigating the legal system on their own.

How Murray Law Firm Can Help

We assist families with:

• Informal probate

• Formal probate

• Estates with real estate

• Estates involving minors

• Estates with disputes

• Real estate sales during probate

• Complete estate administration

  
  

If you recently lost a loved one and are unsure where to begin, our team is here to help you take the next step with clarity and support.

Schedule a consultation today!