Woburn, MA asked in Estate Planning and Probate for Massachusetts

Q: My mother passed away in December of 1999 with no will and no executor. The State of MA Treasurer has funds in her name.

As her daughters/sole living heirs (my father is now deceased - he had a will) we have filed a claim but they've asked for additional paperwork in the form of "Original appointment from probate court date stamped within the last year." When I look at the forms online it says you cannot probate an estate that is older than three years. Can you advise next best steps? The total amount of funds in the Treasurer's account is approx. $4,000.

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1 Lawyer Answer
Peter C Herbst Jr
Peter C Herbst Jr
  • Estate Planning Lawyer
  • Braintree, MA
  • Licensed in Massachusetts

A: The three year statute of limitations doesn't apply to the probate of an estate for someone who passed away in 1999. The three year rule started March 31, 2012 when Massachusetts adopted much of the Uniform Probate Code. You should speak with an attorney to see if the facts of your case would allow you to file an informal probate action.

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