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Understanding the Steps in Estate Administration | The Law Offices of Patricia Bloom-McDonald, Westport, MA
Losing a loved one is never easy. Alongside the emotional toll, families are often left with the responsibility of managing the deceased person’s affairs. Whether or not the individual had an estate plan, there are legal and practical steps that must be taken after death to ensure their wishes are honored and assets are properly distributed.
At The Law Offices of Patricia Bloom-McDonald in Westport, Massachusetts, we help guide families through this difficult time by clearly explaining the process and helping with each step of estate administration. Here’s a closer look at what typically happens after someone passes away in Massachusetts.
Notification of Death
The first step is to notify the appropriate parties of the individual’s passing. This includes:
- Family members and close friends
- Employers or business associates
- Life insurance companies
- Financial institutions
- Government agencies (e.g., Social Security Administration)
If the person passed in a hospital or nursing facility, staff often assist with these notifications. A funeral home will typically assist with obtaining death certificates, which are essential for managing most post-death matters.
Locating the Last Will and Testament or Estate Plan
If the deceased had a Last Will and Testament or estate plan, locating it early may be a good idea. A Last Will and Testament outlines who the deceased wanted to administer their estate (the personal representative) and how their assets should be distributed. The document may also name guardians for minor children or specify funeral arrangements, although this is not recommended in good estate planning.
If no Last Will and Testament is found, the estate is considered intestate, and Massachusetts intestacy laws determine who inherits and who may serve as personal representative.
Making Funeral and Burial Arrangements
In many cases, the decedent’s final burial wishes are expressed in a document separate from the Last Will and Testament. If not, the family typically handles these decisions. Expenses for funeral and burial services are considered valid estate debts and may be paid from the estate’s funds.
Beginning the Probate Process
Probate is the legal process by which the Massachusetts Probate and Family Court oversees the administration of an estate. This includes:
- Validating the Last Will and Testament (if there is one)
- Appointing a personal representative (formerly called an executor)
- Identifying and valuing estate assets
- Paying outstanding debts and taxes
- Distributing the remaining assets to heirs or beneficiaries
Probate can be handled informally for simple estates or formally when court supervision is needed. Some assets—such as life insurance with named beneficiaries or jointly owned property—may pass outside of the probate process.
Identifying and Protecting Assets
One of the primary responsibilities of the personal representative is to identify and safeguard the deceased person’s assets. This may include:
- Real estate
- Bank and investment accounts
- Personal property (vehicles, jewelry, collectibles)
- Business interests
The personal representative may need to retitle property, secure insurance, or manage accounts until the estate is settled.
Paying Debts and Taxes
Before distributing assets, the personal representative must ensure that valid creditors and obligations are notified. This can include:
- Credit card companies; and
- Medical providers; and
- Funeral expenses; and
- Final income taxes and estate taxes (if applicable).
Massachusetts requires the personal representative to publish a notice to creditors, which is supplied to the personal representative by the Prorate Court, allowing creditors time to file claims against the estate within one year from the date of death.
Distributing Assets to Heirs and Beneficiaries
Once debts and taxes are paid and the court gives approval, the personal representative can distribute the remaining assets. If a Last Will and Testament exists, its terms govern the division of property. If not, Massachusetts law provides a hierarchy of heirs, typically starting with the spouse and children.
Distribution must be documented carefully, and a final accounting may be submitted to the court for review.
Closing the Estate
After all tasks are completed, the personal representative files documents to close the estate. This process confirms that all creditor claims have been satisfied, assets distributed, and legal responsibilities fulfilled.
How an Attorney Can Help
Even simple estates can involve significant paperwork, legal deadlines, and financial decisions. Mistakes or delays can increase costs and create conflict among family members. An experienced probate and estate administration attorney can:
- Guide you through the court process; and
- Help prepare required forms and filings; and
- Address disputes among beneficiaries or heirs; and
- Ensure compliance with state law and court requirements.
At The Law Offices of Patricia Bloom-McDonald in Westport, we support families with clarity, compassion, and practical legal advice.
Contact Us for Estate Administration Help in Westport, MA
If you’ve lost a loved one and need guidance through the estate process, The Law Offices of Patricia Bloom-McDonald is here to assist. We help clients in Westport and surrounding Massachusetts communities navigate probate and estate administration with care and confidence.
Contact us today to schedule a consultation and get the support you need during this challenging time.