If you live in a state other than Massachusetts, and own real property in Massachusetts, there will be additional procedural steps which you will need to take to sell, or otherwise transfer, the property. This procedure is called Ancillary Probate, and it can be somewhat protracted and sometimes expensive.
Ancillary Probate involves starting an entirely new probate procedure in most circumstances. That is to say the Executor or Administrator of the Estate will be required to file a Petition with the Probate and Family Court in the County where the property is located, and then follow through with a Probate Bond and other documents which are required. If the legatees, or heirs, sign the various petitions, things go faster. If they cannot be located, or are not cooperative, the process slows down. This is particularly troublesome if the real property is being marketed, and a closing date has been set in a Purchase and Sale Agreement. Care must be taken to provide for delays as a contingency in the P and S, or there could be litigation problems with the putative Buyers.
There are some prophylactic steps that can be taken to allay the concerns about Ancillary Probate. The course of action I most recommend is placing the real property in a revocable or irrevocable trust. That takes the Probate Court out of the process and can save much time and money. Feel free to contact me if I can be of assistance with your Massachusetts property. I have been practicing real estate law in Massachusetts for more than 40 years. I am confident that I have experience with your specific situation or something very similar.
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