The death of a family member or loved one is always very difficult. Not only are you mourning but you must also gather yourselves enough emotionally to handle the administrative side of death. Many people don't consider this until they actually have to do it. This includes visiting the home of the decedent if there is no living spouse, cleaning up, 
taking an inventory of what they owned, figuring out who their creditors are and then in some cases going through probate.
The probate laws in Massachusetts are aimed at streamlining this process. They determine who will be the personal representative of the estate. The state’s statutes and guidelines will dictate how the decedent’s personal property and assets are determined and how they are distributed amongst beneficiaries and creditors.
The process can be pretty intensive and so it is highly recommended that the personal representative and perhaps even other people involved in the estate hire a qualified probate attorney who is experienced in probate law in Massachusetts. A competent attorney will be able to walk you and your loved ones through the process. While guidance would be needed even under the best circumstances, it will especially be needed while you are grieving.
Massachusetts Probate
In Massachusetts, the probate and family court has jurisdiction over wills and estates. There are 14 probate courts, divided by counties. In Massachusetts, as in most other states, there are two types of probate. They include those where there is a valid will and those there is no will.
When a decedent has left a will, the stated wishes of the decedent are followed unless they are proven to be invalid. When there is no will, Massachusetts intestate laws will govern the distribution of property according to its statutes.
In Massachusetts, certain property does not have to be probated. This includes joint property where the decedent owns the property with another person. In these cases, the living person gets full ownership of property. Tenancy by the Entirety is similar to owning joint property. Properties owed with this arrangement do not have to be probated. However it's only available for married couples. Payable Upon Death accounts are also legal in Massachusetts. This allows the decedent to safeguard a bank account so that when they die, the beneficiary that they have appointed will be able to receive any inheritance money in the account without probate. Transfer On Debt Registration for Securities is another option. It allows individuals to transfer stocks after they die to a particular person. These stocks are not probated either.
If you are the administrator of an estate that is not very large, you may be able to go through small estate probate. This type of probate is typically processed much faster and are much easier on everyone involved. Estates that are worth no more than $15,000 can qualify. The transfer of property is much easier when using the simplified probate process. In order for the estate to be considered for this abbreviated probate process, the administrator of the will must file a written request to the probate court. If accepted, the court will allow the administrator to distribute all assets without performing any additional steps. This is a very good way to shortcut the probate process.
Probate Resources- Massachusetts
Inheritance Taxes- Massachusetts
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