Is it necessary to go to probate Court?
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Is it necessary to go to probate Court?
In my father’s will that has two witnesses and is notarized its states in
Article VI
‘ I stipulate that no license shall be required from the probate court in
order for my personal representative to sell or transfer any of my
property, real, personal or mixed
Would I still need to go to probate court. The personal representative is
stated.
Asked on November 16, 2017 under Estate Planning, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your loss. Yes, the Proposed Executor still has to petitoon the Court to be appointed as Executor of the estate. Is the Will old? Meaning was it drafted a while ago? It used to be that the Executor of an estate had to apply for a license to transfer the real estate of the decedent under MA law. But that changed in 2012 when MA adopted new laws. The article you are quoting is a specific grant to the Executor to allow them to sell property, which is proper in a Will in MA. Good luck.
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