Disclaimer: This article is for educational purposes only. It does not provide legal advice. For personalized guidance, consult a qualified attorney.
Detailed Answer
Under Massachusetts law, when only your deceased parent’s name appears on a recorded deed, the property passes through the probate process or summary administration. Title does not automatically transfer to heirs. Follow these steps to determine ownership:
1. Review the Deed and Title Records
Obtain a certified copy of the deed from the county Registry of Deeds. In Massachusetts, see M.G.L. c.183 §1 (Recording and Registration). Verify the exact legal description and any existing liens or encumbrances.
2. Determine if the Parent Left a Will
If your parent executed a valid will, file it with the Probate and Family Court in the county of last residence. The court issues Letters Testamentary or of Administration under M.G.L. c.190B (Uniform Probate Code). The appointed personal representative manages the estate, including real property.
3. Apply Intestate Succession Rules
If no will exists, property passes by intestacy under M.G.L. c.190B §3-101 (Distribution of Estates of Intestates). Typically, the surviving spouse and children share the estate. The court appoints an administrator to distribute assets.
4. Use Summary Administration for Small Estates
Massachusetts allows summary administration for smaller estates under M.G.L. c.190B §3-302 (Summary Administration). If the estate’s real property value is under $100,000, heirs may file a Petition for Determination of Heirs or a Small Estate Affidavit instead of full probate.
5. Transfer Title and Record New Deed
After probate or summary administration, record the court order or affidavit with the Registry of Deeds. The personal representative or heirs execute a new deed to transfer title. This step clears and updates public records.
Helpful Hints
- Check for joint tenancy or survivorship clauses on the deed.
- Verify estate value to see if it qualifies for summary administration.
- Consult the Probate and Family Court clerk for local filing requirements.
- Keep certified copies of all probate or summary administration documents.
- Consider tax implications, including federal estate tax filings.