I can assist with selling a home in Probate

 In Massachusetts, probate is the court-supervised legal process that validates a will, identifies and values a deceased person's assets, settles debts and taxes, and then distributes the remaining assets to beneficiaries or heirs, according to the will or, if there is no will, according to Massachusetts law.  

1.  Real Estate Owned Solely by the Deceased 

If the person owned a house, condo, land, or any real property in their name only (not jointly owned, no trust), it will need to go through probate.

2. Bank Accounts or Investments in the Deceased’s Name Only

Accounts without a joint owner or designated beneficiary (no "Payable on Death" or "Transfer on Death" instructions).

3. Personal Property of Significant Value

High-value personal items like jewelry, art, vehicles (not jointly titled), or collectibles if they don't have named beneficiaries.

4. No Named Beneficiaries or Beneficiary is Deceased

Life insurance policies, retirement accounts, or financial accounts without an up-to-date beneficiary designation.

5. Assets Without a Trust

If the deceased did not create a revocable living trust and kept assets in their individual name.

6. Disputes or Challenges to the Will

If anyone contests the validity of the will, probate is required for the court to settle the dispute.

1. Jointly Owned Assets

Property owned as Joint Tenants with Rights of Survivorship or Tenancy by the Entirety (usually between spouses) automatically passes to the surviving owner.

2. Assets with Named Beneficiaries

Life insurance policies, IRAs, 401(k)s, and bank accounts with valid, living beneficiaries.

3. Assets Held in Trust

Any property or account owned by a Revocable Living Trust avoids probate.

4. Small Estates

If the estate is under $25,000 (excluding a car) and no real estate is involved, Massachusetts allows for a Voluntary Administration, which is a simplified process.

In Massachusetts, most wills do go through probate, but not every asset has to.

Here’s how it works:

• A will itself does not transfer ownership of property. It must be submitted to the Probate and Family Court to be officially recognized and for the named executor to have legal authority to act.
   
• Formal probate is usually required if the deceased owned real estate in their name alone or significant assets without named beneficiaries.
   
• There are some situations where a simplified or voluntary administration process can be used, especially if the estate is under $25,000 (not including a car) and there’s no real estate.
   
• Non-probate assets (like jointly owned property, accounts with named beneficiaries, life insurance proceeds, and assets in a trust) do not go through probate. The will has no authority over those.
   

So, the will itself gets verified through probate if there are probate assets to distribute.
If someone dies with only non-probate assets, technically, the will may never need to be filed because there’s nothing for the court to oversee.

        The Process:

• Filing a petition: The process begins with filing a petition in the probate court of the county where the deceased resided. The assistance of an Attorney is recommended.

• Appointment of a personal representative: A personal representative (executor if there's a will, or administrator if there isn't) is appointed to manage the estate. 

• Inventory and appraisal: The personal representative compiles a comprehensive inventory of the deceased's assets. 

• Settling debts and taxes: Outstanding debts and taxes are paid. 

• Distribution of assets: The remaining assets are distributed to the beneficiaries or heirs.