Legal Question in Wills and Trusts in Massachusetts

Yes, the state of Massachusetts has to be involved with the probate of the Real Estate only.

It would help if you mentioned how the property was owned -- in your father's name only, in trust, jointly with someone, by a corporation in which he was a shareholder, etc. The answer to the question will determine whether a probate needs to be open here. If the property was in your father's sole name, then there needs to be a probate here.

You should also be aware that there is also a possibility that the estate will also have Massachusetts estate tax liabilities.

I'm sorry to hear that you have lost your father.

The answer may depend somewhat on the form of ownership of the property here in Massachusetts, but it is very likely that "ancillary probate" will need to be filed here in Massachusetts. I strongly recommend that you retain an attorney here in Massachusetts to deal with the Courts and Registry on behalf of the family, which should not be a terribly expensive proposition.

If you would like some assistance, my Firm handles ancillary probate for a number of out-of-state deceadents, and our real estate department can assist you if a sale or transfer of the property is necessary. Please feel free to contact my office at 617-357-4898 if you would like to discuss your next steps.

Assuming the real estate was owned by him personally or through a trust or a pass through entity, you need to go through the Probate process here.

If I can be of service to you, please do not hesitate to call me. If you need some simple questions answered, please feel free to contact me without obligation. You can call me at 617.406.4647.

I regularly deal with matters such as yours.