9 Spring Street
Waltham, MA 02451
(781) 916-8657

Audrey M. Heidt

Attorney at Law

Part of my practice involves helping surviving spouses and families through the legal proceedings that take place when someone dies. Those proceedings are called "probate proceedings" and take place in the probate and family court.

Do I Need a Lawyer?

While you are not required by law to have an attorney represent you, I strongly recommend that surviving family members hire an attorney to guide them through the probate process. Probate has many formal requirements and may require court appearances. During a time of loss, the additional expense of an attorney is often well worth the time saved and the assistance provided.

What is an Executor/Executrix?

The terms "executor" and "executrix" are legal terms which refer to the person named in a will who has been designated to represent the estate. Typically, it is the executor who files the petition to probate a will. If there is no will, the person representing the estate is called an "administrator."

How Long Does the Probate Process Take?

A petition to probate may be filed immediately after the decedent's death. If there is no conflict between the family and/or other beneficiaries, the initial steps will take about six to eight weeks after a petition is filed. Estate tax returns are due within nine months from the date of death, and distributions from the estate are usually made between one year and two and a half years after the petition is filed. Most of the work related to an estate occurs within the first year, and distributions are often made at the end of one year.

What Should I Do Now?

The day of the funeral is not a good day to begin the probate process. After the death of a loved one, you should take a few days to mourn before dealing with estate matters. When you are ready, call an attorney and arrange for a consultation. Before your meeting, obtain a copy of the will (if any), order three certified copies of the death certificate, and begin collecting all outstanding bills and other financial documents of the decedent. These documents will give you and your attorney an idea about the size and complexity of the estate. Once you have retained an attorney, he or she will be able to help you organize the estate and create a plan to move forward.
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