If you have been appointed as the personal representative (formerly called the executor) of someone’s will in Massachusetts, you may find yourself overwhelmed by the job. The legal requirements and responsibilities of the job are not minor and you may find yourself in difficulties if certain steps aren’t followed. While in general it is best to hire a probate lawyer in Massachusetts to assist you, there are some things you can do on your own to make the job easier:
- Start and stay organized. You will be accumulating a lot of paperwork with this job and it is important to keep it organized. Not only will it help you when it comes time to account to the Court about your actions, it will help save on legal fees if your meetings with the attorney are not spent fishing through boxes of paperwork to find the relevant documents.
- Communicate with the other heirs. Probate can take a long time, and much of that time is often waiting for the Court to do something, waiting for time to pass or waiting for real estate to sell. While you and your attorney may know that nothing is happening, the other heirs may get impatient and wonder what is going on. Sending out a monthly update – even if it is “no news, waiting for Court” – can go a long way in keeping the peace.
- Communicate with your attorney. Your attorney’s role is to advise you on administering the estate properly and to do this they need information from you about the estate and its assets. If you come across paperwork or assets that you don’t understand, bring them to your attorney. Likewise if you are getting bills addressed to the deceased or the estate, review them with your attorney. If the other heirs are pressuring you for information and you aren’t sure what to tell them, talk to your attorney to see where things are.
- Take Time to Grieve. Most likely you find yourself in this role because a loved one has passed away. While some people find the work of the process helpful in distracting them for a little while, remember that it’s ok to be sad while you go through your parent’s papers. It’s fine to be mad at them for leaving things a disorganized mess. It’s natural to have a hard time getting rid of things while you clear out the house. It’s a sad time. Honor that.
- Keep Moving Forward. It can be tempting to drag your feet when selling the family home or avoid meeting with an attorney to start the probate process. Some people think “if I don’t start this process, I don’t have to let go of the person I loved.” But time moves forward even if we don’t, and delays often hinder things more than they help. If you are finding yourself overwhelmed and don’t know what to do next, check in with your attorney to see what the next steps are and take them. You may also find speaking to a therapist helpful as you work through this time.
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