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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37050
Experience:  Texas lawyer for 30 years in Estate law
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How often does a trustee have to be in probate court in Ma.

Customer Question

How often does a trustee have to be in probate court in Ma. if has a testamentory trust ?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
A testamentary trust is a trust which arises upon the death of the testator, and which is specified in his or her will. IT will require at least one trip to court, possibly more.Normally you go once to have the will admitted to probate and receive your letters from the court.Once that is done an independent administration means the person appointed personal representative can administer the estate without court involvement.
So you may only need to come to court once or twice otherwise the court stays out of the process as it is an independent administration since the will set out the heirs and shares, etc.
You would have authority with the letters here to sell property or other assets, pay claims, taxes all without court approval.The estate here takes about a year to complete start to finish.But there is minimal trips to court normally since there was a will here and independent administration.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Reference to MA law and the probate process.
http://www.nolo.com/legal-encyclopedia/massachusetts-probate-an-overview.html
Expert:  RayAnswers replied 1 year ago.
MA also has informal probate again this is a simpler way if the estate qualifies..
http://www.mass.gov/courts/selfhelp/wills-and-estates/probate-options.html
Thanks for letting me be of service, let me know if you have follow up.It is never a problem.