Losing a loved one is hard enough. Navigating the steps of taking care of their affairs can be overwhelming. Fortunately, in Massachusetts, a simple probate process for small estates called Voluntary Probate can help.
What is Voluntary Probate?
Voluntary Probate (also called a "Voluntary Administration") is the easiest way to handle small estates that need to be probated. It is available when the deceased owned assets that total less than $25,000 solely in their name, excluding one car.
Common Reasons Voluntary Probate May Be Necessary:
Voluntary Probate is often used in the following situations:
Bank Accounts, Savings Bonds, Investment Accounts, or Stocks Valued Under $25,000: If your loved one had funds in bank accounts, savings bonds, or investment accounts, or owned stocks solely in their name and the total value is less than $25,000, Voluntary Probate can help transfer these assets.
Transferring a Vehicle: This process can help transfer ownership of the deceased’s car, which is excluded from the $25,000 limit.
Receiving a Check After Death: If you receive a check for the deceased, solely in their name, under the $25,000 limit, such as a stock payment, refund, or insurance payment, you cannot cash the check without going through probate. Voluntary Probate allows you to endorse the check and manage the money.
Continuing with a MassHealth Application After Death: Voluntary Probate may be used in cases where an open MassHealth application needs to be continued after the individual’s passing.
Unclaimed Property: If the deceased person had unclaimed property worth less than $25,000, a Voluntary Probate can be used to access this money.
Time Shares: Some timeshare companies may accept Voluntary Probate to transfer ownership, while others may not. It is best to check with your specific timeshare company.
If My Loved One Received MassHealth, Will They Take This Money?
If your loved one received MassHealth benefits, you might be concerned about Estate Recovery. MassHealth is entitled to be notified about probate proceedings, as they have the right to recover certain costs from the estates of deceased recipients. Usually, they file a claim against the estate for the money they spent on the person who died.
However, MassHealth has not pursued estate recovery on estates valued under $25,000 in recent years. This means that while you must notify MassHealth about the probate process, it is highly unlikely that they will take action to recover assets from smaller estates that fall below this threshold.
Can You Handle Voluntary Probate on Your Own?
While you can go through the Voluntary Probate process without an attorney, it’s important to know the steps involved. You will need to:
Complete and file the necessary court forms.
Navigate the rules and requirements set by the probate court.
Pay the court filing fees.
Notify MassHealth, as they are entitled to notice in any estate proceeding.
File the paperwork with the court on your own.
Though the process is simpler than an informal or formal probate, it still requires attention to detail, time spent going to court to file the forms, and notifying MassHealth.
Not Sure if Voluntary Probate is Right for You?
Take our quick and easy quiz to get personalized guidance on whether this simplified process works for your loved one’s estate. If you would like support or guidance, we offer two levels of service:
Voluntary Probate Coaching Service: Flat Fee of $550
We will assist you in preparing the court forms and provide you with step-by-step guidance so you can be prepared and confidently go to court to handle this on your own.
Full-Service Voluntary Probate Package: Flat Fee of $1,100
We will prepare the court forms, file the paperwork with the court, pay the court filing fees, get you appointed, obtain a certified copy of your appointment, and provide you with step-by-step instructions for your obligations and duties. Our goal is to make the process stress-free.
Why Choose Senior Solutions?
We understand that the loss of a loved one is a difficult time, and we want to make the process as stress-free and affordable as possible. Whether you need step-by-step guidance with our Voluntary Probate Coaching Service or full support with the Full-Service Voluntary Probate Package, our experienced attorneys are ready to help clients with loved ones who have died in Massachusetts.
Senior Solutions, Attorneys at Law, is an Estate Planning and Elder Law firm, serving the Greater Boston, Massachusetts area, since 2001. We are ready to help you with Medicaid Planning, Estate Planning, Probate, Guardianship & Conservatorships, Special Needs Trusts, and Fiduciary Services. We are here to help. Please call our office at 617-489-5900 or schedule a brief free consultation by clicking: https://seniorsolutions.as.me/FreeConsult
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