First you have to know where to commence proceedings, or, in legal procedure terms taught in law school, what court has jurisdiction and which locale has proper venue? With filing fees in excess of $200, you do not want to be filing in the wrong court.  What if the decedent had two or more homes or pieces of real estate in different localities?

You have to be sure that the probate petition is properly completed, that all necessary parties are properly named with appropriate status given.

You have to get the petition and the necessary accompanying documents, including the original will, if any, to the courthouse. Are you going to risk mailing?  If there is a will, how will it be proved?

The court will issue an order of notice and it must be served properly on everyone mentioned in the order, even if not named in the petition (such as the Attorney General or the VA), and in most cases publication will be required, all within strict time limitations. Proof of service must later be made and a proper  bond filed. In some cases a sureties may be required and you must be prepared to deal with that.

IF THERE HAS BEEN ANY MISTAKE in the preparation or serving of the petition, it can leave any decree allowing probate and a will, if any, open to being overturned at a later time, possibly invalidating any action taken by the executor or administrator. IF THE BOND IS INSUFFICIENT, IN AMOUNT, FORM OR SUBSTANCE, probate authorization simply will not issue.

After probate is allowed, a properly completed inventory must be filed including both real estate and personal property. The issue of the Massachusetts Estate Tax must also be dealt with. Will a return be required? If not, what other requirements may there be relative to the estate tax lien? If there is an estate tax to be paid, how can the lien be cleared so that any real estate can be sold before the tax return is finally processed by the Department of Revenue?

In some cases court authorization of a sale of real estate or other assets may be required. This involves a separate petition for each asset, with proper notice and so forth as on the original petition for probate. Any irregularities may render any decree subject to attack in the future.

As the estate winds down, there will be issues of distribution and accounting which should be addressed. This would include appropriate closing procedures or other safeguard options for the executor or administrator to consider. Do you fully understand the rules of personal liability of the executor or administrator in dealing with the estate?

Finally, you must also take into account that the new Uniform Probate Code will be going into effect on January 1, 2012. By its terms it will apply to all estates, including those which have not yet been closed on that date. Any estate being commenced now will likely still be open as of that date since under current law there is a passage of time requirement for the filing of a final accounting which is well beyond that date.  Probate judges, officials, and other personnel have been heavily involved in coming to grips with this new law for nearly three years. They had to request an extension of the effective date by 6 months from the legislature to allow more time to implement the changes brought about by this law. Lawyers have been gearing up likewise and now have to deal with the final phase of learning the new forms and procedures that have been finally worked out. It doesn’t seem like a good time to be going it on your own.

These are only some the problem areas to consider where no one involved is posing any special difficulties that need to be dealt with, such as filing an opposition to the petition, disagreeing with the price at which an asset is being sold, or raising the issue of advancements.