Massachusetts courts can handle the primary probate proceedings for most of the estate. However, if your loved one had property or assets located in other states, you will likely need to start ancillary probate proceedings.
What is ancillary probate?
Ancillary probate is a secondary probate process. It’s often necessary when the deceased person owns property in multiple states. Ancillary probate works alongside the primary probate in Massachusetts. However, it focuses solely on property located in other states.
While necessary, this additional process can complicate estate settlement, potentially increasing time and costs.
Managing probate costs and time
The regular probate process can take anywhere from a few months to over a year. Adding ancillary probate can further extend that timeline. It all depends on the complexity of the estate and the court schedules.
Probate expenses, both in and out of state, can add up quickly. Costs may include:
- Filing and notification fees
- Document fees
- Value assessment fees
Thankfully, funds from the estate cover most probate fees, including legal counsel fees.
Tips to navigate the probate process
Local attorneys in each state can help simplify the ancillary probate procedure. Below are other tips that may help:
- Gather documents: Collect all documents related to the deceased’s assets to see if probate is necessary and to identify out-of-state property.
- Inventory assets: List all property, their locations, and values to understand tax duties.
- File promptly: Each state has different deadlines, so start the process as soon as possible to avoid problems.
Navigate the process smoothly
Probate for out-of-state assets requires patience, organization and attention to detail. While probate is often challenging, understanding the steps involved is a huge help. Seeking professional guidance also helps make the process easier to navigate.