Submitted by Anonymous on Thu, 04/23/2009 - 10:46
My sister past away in 1992 without a will. My father applied and became the adminsitrator of her esttae. He died in 1999. He had a will and I was named excutrix of his will. I was the only heir. My mother had also past away in 1993 before my sister's estate was finalized. I recently became aware of some money in the abandon property division in MA. I believe all I need to do is apply to become a voluntary administrator for her estate. Is this correct? Thank you in advance for any information.
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Voluntary Administration
A Voluntary Administration is a streamlined process that allows you to administer the estate of a MA resident who dies with a very small probate estate. It is a great approach - when it is an option. Unfortunately, it is only available in certain circumstances. In this case, where a petition for (full) administration has already been filed, the Voluntary is not supposed to be available. You can check with your local Probate Court, but my expectation is that the court will instruct you that you must petition to be appointed Administrator De Bonis Non (d.b.n.) of the estate not already administered (form CJ-P 5). That is more involved, but not impossible.
Good luck.
Peter (See attorney Bernardin's contact information in the Forum's Attorney Directory: http://www.malawforum.com/isoDirectory/search/list/6/Essex)
Update
For this and other questions dealing with probate in Massachusetts, readers should be aware that Massachusetts has adopted the Uniform Probate Code. The above question may be answered differently under the new law.