Detailed Answer

This guide explains, under Massachusetts law, the common steps to settle a parent’s probate estate in Massachusetts and to handle any property that is located in another state. It assumes no prior legal knowledge and focuses on practical tasks, timing, and options you’ll encounter. This is informational only and not legal advice.

1. Confirm domicile, locate the will, and gather documents

Start by determining the decedent’s legal domicile (where they considered their permanent home). In Massachusetts, probate normally proceeds where the person was domiciled. Look for a will, beneficiary designations (life insurance, retirement accounts), deeds, title documents, bank statements, and the death certificate. Order several certified copies of the death certificate from the registrar of vital records—most institutions require an original certified copy.

2. Decide whether you must open probate in Massachusetts

If your parent was domiciled in Massachusetts and owned probate assets here (bank accounts titled solely in their name, personal property, or real estate in Massachusetts), you usually must open a probate case in the Massachusetts Probate and Family Court. The court administers wills, appoints a personal representative (executor/administrator), and supervises creditor claims and distributions. See the Probate & Family Court general resources: Massachusetts Probate & Family Court and the probate guide at Mass.gov: Probate & Administration of Estates. For statutory framework, see Massachusetts General Laws, Chapter 190B (probate code): M.G.L. c.190B.

3. Petition the Probate Court and get letters of appointment

To begin formal administration, file a petition to admit the will to probate (if there is one) or to appoint an administrator (if no will). If the will names an executor, the court generally admits the will and issues letters testamentary to that person. If no will exists, the court follows intestacy rules to appoint an administrator. The appointed personal representative receives authority from the court (letters) to act for the estate.

4. Inventory, notify heirs and creditors, and protect assets

The personal representative must identify and secure assets, provide notices to heirs and beneficiaries, and comply with creditor-notice obligations under Massachusetts procedures. You’ll prepare an inventory of estate assets and may need appraisals for some property. Follow the Probate Court’s forms and instructions available at the court’s website and the general probate guide: Mass.gov guide.

5. Pay debts, final bills, and taxes

The representative pays valid debts and administrative expenses from estate assets before distributing inheritances. Massachusetts imposes estate tax rules; check Massachusetts estate tax guidance and thresholds at Massachusetts Estate Tax (Mass.gov). Also determine whether federal estate tax rules apply. Keep careful records of all payments and receipts.

6. Handling real estate or personal property located in another state (ancillary administration)

If the decedent owned real estate or other probate assets located in another state, you will often need to open an ancillary probate or seek ancillary letters in that other state to transfer or sell those assets. Typical approaches:

• If the Massachusetts personal representative is already appointed, that person can petition the probate authority in the other state for ancillary letters of appointment so the court there recognizes the representative’s authority.
• If the out-of-state asset is personal property of low value, some states allow a simplified “small estate” affidavit or summary procedure to collect assets without full ancillary probate. Requirements and dollar thresholds vary by state.
• If the out-of-state property is real estate, many title companies and registries require ancillary probate to clear title or accept a deed transfer. You may also need to pay local transfer taxes or settle local creditor claims.

Because rules differ state-by-state, contact the probate court or an attorney in the state where the property is located to learn that state’s ancillary probate or small-estate procedures.

7. Alternatives that avoid ancillary probate

• Assets held jointly with right of survivorship typically pass automatically to the surviving joint owner and may avoid probate.
• Assets held in a revocable living trust pass according to the trust terms without probate, including out-of-state property if properly titled in the trust name.
• Some states have transfer-on-death (TOD) or beneficiary deed options for real property; if such a device is in place, it may avoid probate in the other state. The availability and form of TOD deeds vary by state.
• Payable-on-death (POD) or transfer-on-death designations for bank accounts and securities allow direct transfer to beneficiaries without probate.

8. Final accounting and distribution

After debts and taxes are paid and ancillary matters resolved, the personal representative files a final accounting with the Massachusetts Probate Court (if required) and distributes the remaining assets according to the will or intestacy law. Keep copies of all filings and receipts for records and tax purposes.

9. When to hire an attorney

Consider getting legal help if any of the following apply: contested will or disputes among heirs, complex asset types (business interests, out-of-state real estate), significant estate tax exposure, difficulties with creditor claims, or if you must open ancillary probate in another state. An attorney licensed in the state where the out-of-state property is located can advise on that jurisdiction’s probate rules.

Helpful Links

• Massachusetts Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court
• Guide to probate and administration of estates (Mass.gov): https://www.mass.gov/guides/probate-and-administration-of-estates
• Massachusetts General Laws, Chapter 190B (probate code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Massachusetts estate tax information: https://www.mass.gov/info-details/massachusetts-estate-tax

Helpful Hints

• Order multiple certified death certificates right away—each bank, title company, and government office will ask for one.
• Secure property: change locks if necessary, maintain homeowners’/auto insurance, and prevent property damage.
• Make a short inventory checklist: bank accounts, retirement accounts, life insurance, deeds, vehicle titles, safe-deposit boxes, prepaid funeral plans.
• Do not transfer or sell real estate in another state until you have legal authority (letters from the court) or clear direction from counsel—unauthorized transfers can cause liability.
• Check beneficiary designations and transfer-on-death arrangements before starting probate; some assets pass outside probate.
• Ask the other state’s probate court or website about small-estate affidavits or simplified procedures—this can save time and expense for modest out-of-state property.
• Keep meticulous records of all estate transactions—dates, amounts, recipients, and copies of checks and receipts.
• If the estate may owe Massachusetts estate tax, file timely returns and set aside funds to pay any tax due.
• Communicate early with heirs and beneficiaries to reduce confusion and potential disputes.

Typical Timeline & Costs (Estimates)

Probate in Massachusetts often takes several months to a year for routine estates. Complicated estates or those requiring ancillary probate in another state can take longer. Court filing fees, publication costs, appraisal fees, accounting fees, and attorney fees (if you hire counsel) are common expenses. Ask the Probate Court and any attorney for fee estimates specific to your case.

Final Notes

Handling an estate that involves more than one state adds complexity but follows the same central principles: (1) identify domicile and primary probate jurisdiction (Massachusetts if your parent was domiciled here), (2) obtain authority from the court in that jurisdiction, and (3) obtain ancillary recognition in other states where property is located or use state-specific small-estate procedures when available.

Disclaimer: This information is educational and general in nature and does not constitute legal advice. For advice about your specific situation, consult a lawyer licensed in Massachusetts and, if necessary, in the state where the other property is located.