FAQ: Opening a Probate Case in Massachusetts When You Live Out of State
Short answer: If your sibling died owning assets in Massachusetts or was domiciled here, you will generally open a probate case in the Massachusetts Probate and Family Court where your sibling lived (or where Massachusetts real estate is located). You can petition the court from another state, but expect to file specific paperwork, provide certified death certificates, and—depending on the situation—either be appointed as personal representative (executor/administrator) or ask the court to appoint someone else. Consider working with a Massachusetts probate attorney or the local Register of Probate to complete steps remotely.
Detailed answer — step‑by‑step under Massachusetts law
1. Confirm whether probate is required
Not every death requires a formal probate case. Probate is typically needed when the decedent owned assets titled solely in their name that cannot be transferred by beneficiary designation, joint ownership, or small‑estate procedures. Common probate assets: a Massachusetts house or condo, brokerage accounts, and bank accounts titled only in the decedent’s name.
2. Identify proper court and venue
Massachusetts Probate and Family Court has jurisdiction over estates. You normally file in the Probate and Family Court department for the county where the decedent was domiciled at death. If the only Massachusetts connection is real estate, you file in the county where the property sits. For general information about the court, see the Probate and Family Court page: https://www.mass.gov/orgs/probate-and-family-court.
3. Locate the will (if any) and next‑of‑kin
If you find a will, it usually names a personal representative. Deliver the original will to the Register of Probate for the correct county. If no will exists, Massachusetts intestacy rules and the court will determine who is eligible to serve. The state’s probate law is codified in the Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B.
4. Prepare required documents
Typical documents to open a probate case include:
- Certified copy of the death certificate.
- Original will (if there is one).
- Petition to appoint personal representative (often called petition for probate or administration).
- Affidavit of intestacy or heirship information if no will.
- Renunciations or consents from other interested persons (if applicable).
The Register of Probate office for the county can tell you the exact forms and fee amounts. Locate the right office through the Probate and Family Court site above.
5. Filing and remote options
You may file the petition while living out of state. Many Massachusetts courts accept filings by mail, and some counties use electronic filing for probate matters. Contact the Register of Probate in the proper county to confirm filing options, required original documents, and acceptable ways to submit notarized signatures from another state.
6. Serving notice and creditor requirements
Massachusetts law requires notice to certain heirs and may require publication to notify creditors. After appointment, the personal representative must provide notice to creditors and usually wait a statutory period before distribution. The court and statute set the details for timing and form of notice (see Chapter 190B for statutory framework).
7. Nonresident personal representatives
Massachusetts courts can appoint a nonresident to serve as personal representative. However, the court may impose conditions—for example, requiring a bond or designating a local agent for service of process—depending on the circumstances. If the will nominates you and you live out‑of‑state, the court often honors that nomination unless a statutory objection exists. Discuss bond requirements with the Register or an attorney.
8. Letters of authority and working with banks/third parties
Once the court issues “Letters” (Letters Testamentary or Letters of Administration), you will have authority to collect assets, pay debts, and transfer property. Banks and other institutions typically require certified copies of these Letters and the death certificate. If you cannot travel, you can often mail certified copies or authorize an in‑state agent or attorney to act on your behalf.
9. When to hire local counsel
Hiring a Massachusetts probate attorney helps when the estate holds Massachusetts real estate, when there are disputes among family, complex tax issues, or when you need someone to appear in court on short notice. A local attorney can also handle filings, bond arrangements, and communications with the Register of Probate on your behalf.
10. Timing and likely steps after appointment
- File inventory and provide accountings as required by the court.
- Provide notice to creditors and pay allowable debts.
- Resolve taxes and any claims.
- Distribute remaining assets to beneficiaries or heirs per the will or Massachusetts intestacy rules.
Helpful hypothetical example
Hypothetical: Your sibling Jane lived in Cambridge and died owning a condo in Cambridge and a bank account in Massachusetts. You live in another state and find Jane’s original will naming you as personal representative. You would:
- Obtain a certified death certificate.
- Contact the Middlesex County Register of Probate, confirm forms and fees, and ask about remote filing.
- Submit the petition to probate the will (or petition for administration if no will), along with the original will and death certificate.
- Wait for court appointment; if appointed, receive Letters and use them to transfer the condo title and access the bank account (or appoint a local attorney to do that if you cannot travel).
Helpful Hints
- Contact the Register of Probate in the county where the decedent lived before filing. Registers can confirm required forms, fees, and whether the county accepts mail or e‑filing.
- Keep the original will safe; deliver the original to the Register when you file (they will return it if the court so orders).
- Get multiple certified copies of the death certificate early—banks and government agencies typically require them.
- If you’re named in the will but live out of state, ask the Register whether a bond will be required or whether you must appoint a local agent.
- Consider a local probate attorney if real estate, business interests, or litigation are involved, or if any beneficiary contests the will.
- Ask about small‑estate procedures if the estate value is modest—Massachusetts has simplified collection options in some limited cases which may avoid full probate.
- Watch deadlines for creditor claims and tax filings; missing them can create liability for the personal representative.
- Use certified mail or trackable courier services when sending originals or certified copies to the court or institutions.
Key resources
- Massachusetts Probate and Family Court (general information and court locations): https://www.mass.gov/orgs/probate-and-family-court
- Massachusetts General Laws — Chapter 190B (Uniform Probate Code), which contains the statutory framework for estates, personal representatives, and intestacy: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
Final notes and disclaimer
This article explains common steps for opening probate in Massachusetts when you live out of state, but it does not cover every possible scenario and is not a substitute for legal advice. For case‑specific guidance, contact the Register of Probate for the county involved or consult a Massachusetts probate attorney.
Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every case is different; consult a qualified attorney for advice about your situation.