Changes to Massachusetts probate process under newly adopted probate code

There are a lot of busy probate and estate planning attorneys in Massachusetts nowadays, not just with their usual workload, but with their efforts to get up to speed on some substantial changes in the way estates will now be probated in Massachusetts.  Massachusetts has adopted the Uniform Probate Code (the "UPC").  Portions of the new law (such as those dealing with guardians and conservators) have already taken effect.  On April 1, 2012, the sections of the UPC dealing with the probate process will kick in.  Below, I have attempted to summarize some of the more interesting and important changes.
 
Terminology
 
As you may have read in other posts in this Discussion Forum, under our current system of probate, various terms are used to define the person who is appointed to administer the estate, including executor, administrator, etc.  Under the UPC, all these terms are replaced with the generic term 'Personal Representative,” and the Probate Court will issue 'Letters Testamentary' or 'Letters of Administration' that will serve as legal authorization for the Personal Representative to make decisions and act on behalf of the estate. 
 
Informal Probate
 
One of the more interesting changes in the probate process, in my opinion, is the new Informal Probate process that will be appropriate for many estates.  The idea is to speed the process up in cases where there is not likely to be any disagreement over how to handle the estate.  Under the current system, after the probate process is started, it can take months for the court to appoint an Executor.  That delay has often been a concern and a problem for surviving family members who must decide how to pay the bills of the estate, including funeral expenses, while waiting for the Executor to be appointed. This is especially true in cases where, for whatever reason, the deceased's funds are not available to the family, as in cases where the deceased had his money in bank accounts without any other party having access (as would be the case with a joint account or trust). 
 
The new Informal Probate process allows things to move much more quickly, and a Personal Representative can be in place in only seven days after the process is started.  The new process contemplates less involvement by the probate court in cases where the probate filing is uncontested.  For example, under this streamlined system, inventories and accounts need not be filed with the Probate Court, but are still provided to interested parties.  And, the process is fairly straightforward.  If an interested party gives at least seven days' notice to the heirs and devisees and files a petition along with the original will and and death certificate, a magistrate may issue a statement of informal probate and appoint the personal representative.
 
It is important to note that a more formal process of probate, very much like the current system, is still an option.  Even if the new, informal path is originally selected, an interested party can request that the estate be probated under the more formal system.
 
Family Allowance
 
In another nod toward making the process easier for the surviving family, the UPC provides a Family Allowance.  This change allows the Personal Representative to immediately pay up to $18,000 to the surviving spouse and/or dependant children.  This money obviously comes in handy in the aftermath of the death and allows the family to meet any and all expenses while the estate is being probated.  Importantly, both this Allowance and the Exempt Property Allowance discussed below take precedence over the claims of creditors to the estate.  This allows the Personal Representative to assist the family without regard to the claims of creditors and without worrying about personal responsibility for debts which the estate, after the payment of these allowances, may not be able to pay.
 
Exempt Property Allowance
 
The UPC exempts $10,000 of the decedent's tangible personal property, such as cars, furniture, personal items, etc., from the process in favor of the surviving spouse.  If there is no surviving spouse, the exemption goes in favor of the surviving children.  If the deceased's personal property is valued at less than $10,000, the Personal Representative may make up the difference from the other assets of the estate, including, for example, personal bank accounts.   
 
Changes in laws of Intestacy
 
As under the old system, if a person dies without a will, or "intestate", the laws of Massachusetts will determine how the probate assets are distributed.  However, the new UPC makes changes that attempt to, among other things, protect the rights of surviving spouses while also recognizing the changing reality of family life in America by dealing with issues unique to blended families (children from multiple marriages) and families with adopted children.  You can follow this link for more information on the new intestacy laws.    
 
Statute of Limitations
 
Under the new UPC, wills must be probated within three years of death.  current law allows lost or misplaced wills to be probate up to fifty years after death.  Under the new rules, if the will is not probated within three years, the Probate Court will treat the matter as though the decedent died intestate and distribute the estate according to Massachusetts Intestacy Laws.   Also, the the statute of limitations for creditors to assert claims against the estate is, with some exceptions, one year from the date of the death.
 
 
Follow this link for the complete text of the new Massachusetts UPC.   And for an excellent, in depth analysis of the changes made by the new UPC, read this synopsis created by Attorney Jennifer Maggiacomo.