Introduction to Probate Law and Estate Administration Services

As the division of law practice that concerns the distribution of wills and inheritance, probate law has an awful lot of terms to deal with that may be confusing or foreign to those working with a probate lawyer for the first time.  We’ve compiled a list of FAQs regarding probate laws and estate procedures, but below are a few facts about probate law that’ll give you the basic information you’re looking for.

How Probate Law is practiced in Massachusetts

Identifying and gathering the deceased’s probate property, paying debts, taxes, and the expenses of administering the estate, and distributing the remaining assets to those persons, trusts and organizations designated in a valid last will and testament is what falls under the jurisdiction of probate law in Massachusetts.  Probate law ensures that certain procedures are followed properly as the financial affairs of the deceased are finalized.

Who deals with Probate Law, exactly, and what are the duties of administrators, executors etc?
The difference between an executor and an administrator lies solely within the last will and testament of the deceased: If the deceased nominated someone as an executor, that person is typically appointed, and if no last will and testament is involved in the financial matters of the deceased that person is an administrator.

The terms “executor” or “administrator” aren’t exclusive to Massachusetts probate law, though in other states these roles are sometimes referred to as a personal representative.  Once appointed, the executor, administrator or personal representative performs a number of functions, including safeguarding the decedent’s probate assets, file income and estate tax returns and hire attorneys, appraisers and investment advisors to assist with administration of the estate.

For more information on Probate Law and additional answers to FAQs, visit our Probate Law page.