Disclaimer: This article provides general information and does not constitute legal advice. You should consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Opening a Decedent’s Estate in Massachusetts
Under Massachusetts law, you must file probate in the county where the decedent was domiciled at the time of death. See Mass Gen Laws ch.190B §2-201. The Probate and Family Court in that county handles the estate administration. If the decedent had residences in multiple counties, use the address of the primary home where they lived and intended to remain.
2. Ancillary Administration for Out-of-State Decedents
If the decedent was not domiciled in Massachusetts but owned real estate or other assets here, you must open an ancillary estate. File the ancillary proceeding in the county where the property is located. See Mass Gen Laws ch.190B §3-501. The court’s jurisdiction extends only to assets located in that county.
3. Transferring a Pending Probate Case
Any interested party may petition to transfer a pending estate administration to another county for convenience or fairness. The court reviews transfer petitions under Mass Gen Laws ch.190B §3-905. Transfers often occur to reduce travel burdens, consolidate related proceedings, or follow witness locations.
Helpful Hints
- Verify the decedent’s domicile by reviewing records such as a driver’s license, voter registration, or tax filings.
- Identify all Massachusetts real estate and financial accounts to determine whether ancillary administration is required.
- File venue or transfer petitions early to minimize delays and objections.
- Contact the Probate and Family Court clerk in the target county for local filing fees and document requirements.
- Keep organized copies of all filings, petitions, and proofs of service for court records.