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Owning Property in other States: Ancillary Probate Issues
In an era where state boundaries are no barrier to movement, and airplanes can whisk us off to remote places with relative ease, it is not unique to own property out of Massachusetts, or for people who are not domiciled in Massachusetts to continue to own property in this state. There are some income tax issues if the property is investment property, in either situation, but they can be dealt with rather easily by using a competent accountant to prepare your Tax Returns.
What is not so easy is dealing with out of state property when you pass away. This blog will explain the basic Massachusetts procedures for what is called “Ancillary Probate” with the thought that other states probably have similar types of rules, which can make even more expensive the cost of probating your estate, or the estate of a family member.
If a non-Massachusetts domiciliary dies owning property in Massachusetts, these are the procedures which must be followed to give “good title” to a successor owner:
1. The out of state Will is considered a “foreign” Will, and a petition for allowance of foreign Will has to be filed in Probate Court
2. If the Executor(s) are not ... more
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