In an ideal world, a last will and testament would satisfy all heirs and beneficiaries, financially providing the support they need and allocating specific heirlooms to those who desire them. Unfortunately, this isn’t always the case.
Sometimes, a person dies intestate (without a will). In this case, the state probate courts allocate the property and assets of the deceased person through a court-appointed estate administrator.
If your family member passed away without a will, or if you believe that the will they left is invalid or unfair, then a probate lawyer can help.
Contesting a will or dealing with other probate matters can be complex. It’s important to have experienced legal guidance throughout the process to advise you of your rights as an heir and represent your interests before a probate court.
Contact Garvey Law today to learn more about your legal options after a loved one passes.
Why Do I Need a Probate Attorney Near Me?
AMassachusetts or Connecticut probate attorney guides you through the probate process, representing your interests and ensuring that all court filings are correct and filed in a timely manner.
Probate matters have a lot of moving parts, and the courts are interested in expediting the settlement of an estate. If you have concerns about a loved one’s will or need help settling the estate of a family member who died intestate, you can rely on your probate attorney to answer your questions and guide you through the process. Your probate lawyer knows what to look for to determine whether a will is invalid or was created with undue influence or coercion. Losing a loved one is painful, and your lawyer is your cool-headed guide during this time. The Garvey Law legal team understands the stress you are going through and is here to help you make good legal decisions every step of the way.
Probate Court in Connecticut
Probate court in Connecticut is required for any estate, even if the value is as little as one dollar. The state has three different types of probate:
- Probate for tax purposes only
- Filing in lieu of a formal probate
- Full, formal probate
Furthermore, every estate must file a Tax Form 706 or 706NT to settle the estate. Connecticut does not levy an inheritance tax, but the estate must be valued regardless. Probate can be a lot of paperwork, and if you are unfamiliar with estate law in CT, it can be overwhelming — especially if there are complications like a contested will.
Contesting a will in Connecticut can take quite some time, usually at least six months, and longer if there are multiple parties. When you hire an experienced Connecticut probate attorney, the process can go more smoothly.
Probate Court in Massachusetts
Unlike Connecticut, Massachusetts doesn’t require probate to be filed if the value of an estate is less than $25,000. If there is a will in place, it must be filed with the county probate court.
Massachusetts levies an estate tax on estates of $1 million or more. Your Massachusetts probate attorney can explain how the tax will be assessed on your loved one’s assets.
For Massachusetts estates worth at least $1 million, the administrator must file a tax return. If the assets are transferred on the owner’s death to a joint owner or beneficiary, those assets do not have to go through probate.
However, if the asset was solely owned by the deceased, it must go through probate to be transferred to the heir. A home owned by the deceased that isn’t left to a beneficiary through a will, trust, or transfer-on-death (TOD) certificate must go through probate so that the ownership conveys to the appropriate parties.
How Long Does Probating an Estate or Will Take?
Probating an estate can take anywhere from a few months to a year or longer, depending on the following factors:
Whether there was a will
How complex the estate is
Whether there are multiple creditors making claims against the estate
The value of the estate
When you consult with your probate attorney, they will give you a timeline for settling the estate and keep you updated throughout the process
Are You Seeking a
Probate Attorney Near Me?
Do you need a probate attorney in Connecticut or Massachusetts? We can help. The Garvey Law team has helped many people in complicated probate cases, including contested wills or estates without a will.
Contact us today to learn how our legal services can make your probate concerns easier.