Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Choose the Primary Probate Venue
Under Massachusetts General Laws c.190B §3-302, you must file the initial probate petition in the county where the decedent was domiciled at death. If there is no domicile, you may file in a county where tangible property is located. M.G.L. c.190B §3-302.
2. Handling Real Estate in Multiple Massachusetts Counties
Massachusetts uses a unified probate code but separate county courts. Once you obtain letters testamentary or of administration in the primary county, you do not need a separate ancillary proceeding in other Massachusetts counties. You simply record the certified letters with the Registry of Deeds in each county where real property lies to clear title and authorize sale or transfer.
3. Ancillary Administration for Out-of-State Assets
If the estate holds real estate or tangible assets in another state or jurisdiction, you must open an ancillary probate there. Most states require you to present a certified copy of your Massachusetts letters and the will, file a bond if required, and petition for ancillary letters. After appointment, ancillary personal representatives can market or distribute assets per Massachusetts law and local rules. M.G.L. c.190B §3-313.
4. Managing Intangible Assets and Financial Accounts
Bank accounts, investment accounts and some insurance policies may permit collection via a disclaimer of ancillary letters if you submit a certified appointment of fiduciary without opening probate in the other state. Check each institution’s requirements. For accounts requiring formal ancillary letters, follow the process above.
5. Coordinating Notices and Filings Across Jurisdictions
Provide notice to creditors both in Massachusetts and any ancillary states per M.G.L. c.190B §3-705. Publish required legal notices in the primary county newspaper and any foreign publications if ancillary laws mandate. Keep a calendar of deadlines for creditor claims, tax returns and inventory filings in all jurisdictions.
Helpful Hints
- Maintain a master inventory listing each asset’s location and type.
- Obtain multiple certified copies of letters to expedite filings in other jurisdictions.
- Track publication requirements and deadlines in each county and state.
- Consult local probate court clerks for procedural nuances in ancillary jurisdictions.
- Consider engaging a local attorney where ancillary administration is required.