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1. What are the first legal steps I should take after someone dies?

The first step is to determine whether the individual who has died left a will. If there is a will, then the executor or some other person may offer the will for probate in the Probate Court. Even if the will is not going to be probated, anyone who is in possession of the will of a decedent must bring the will to the Probate Court for filing. If there is no will, then the usual procedure is to have an administrator appointed to take care of the decedent's estate. Whether or not there is a will, if a spouse or minor child (under age 18) survives the decedent, they may want to consider whether to file for year's support. For more information, view When a Loved One Dies.

2. Do I need to have a lawyer?

People are not required to have a lawyer to represent them, but in many cases it is advisable to have a lawyer. The clerks of the Probate Court may not serve as your legal advisors, and you should not expect them to perform legal or clerical services for you. They work for and at the direction of the probate judge. It is their responsibility to process the volume of paperwork filed in the office and to attend to the administrative aspects of the operation of this office. They are here to serve you, and they will want to do so to the best of their abilities. They are not allowed to complete any paperwork for you, nor can they make a legal determination or advise you on which proceeding is most appropriate or advisable.

The information on this website and the Probate Court Standard Forms are designed to help you perform simple filings on your own. However, if you find that the filing is more difficult than you expected, you should seek the assistance of an attorney. A lawyer may not cost as much as you think. Please note that we cannot recommend a lawyer.