Massachusetts Probate for Out-of-State Heirs: A Plain-English Overview

By DW Solutions · Updated October 2026 · Facts checked against Mass.gov and other official sources

If a family member died owning a home in Massachusetts and you live somewhere else, the probate system can feel like a maze. This overview explains the main paths in plain language so your first conversation with an estate attorney is a productive one. It isn't legal advice, and every estate is different.

The basics

Massachusetts probate is handled by the Probate and Family Court under the Massachusetts Uniform Probate Code. The person who manages the estate is the personal representative (often still called the executor). When the court appoints one, it issues Letters of Authority, which show banks, insurers, title companies and buyers that this person can act for the estate.

The three main paths

Voluntary administration (small estates)

A simplified process for small estates. It's only available when the estate is made up entirely of personal property worth $25,000 or less (not counting a car), at least 30 days have passed since the death, and no other probate petition has been filed. It can't be used if the person who died owned real estate in their name alone. No Letters of Authority are issued, and the voluntary administrator's powers are limited.

Informal probate

The most common route when nobody is contesting the estate. Key points from the court's own instructions:

• If there's a will, the original generally must be filed. A copy generally can't be probated informally.
• A certified copy of the death certificate is required.
• Written notice must go to heirs and devisees, and a copy of the petition and death certificate to MassHealth's estate recovery unit, at least 7 days before filing.
• If the petition is approved, the court issues Letters of Authority, and notice is published in a newspaper within 30 days.

Formal probate

A court proceeding with more oversight, typically used when the informal route isn't available or appropriate, such as a dispute among family members or a will that can't be probated informally. An estate attorney can tell you whether formal probate is likely in your case.

Can the house be sold during probate?

Often, yes. The estate generally doesn't have to be closed first. But the personal representative needs the right authority. Under Massachusetts law, a personal representative can sell estate real estate to an unrelated buyer when:

• the will (once probated) gives them the power to sell, or
• the court has issued a license to sell.

If there's no will, a license from the court is required. The will or a court order can also restrict a sale. Your attorney will confirm exactly what's needed before any purchase and sale agreement is signed.

Taxes to ask about

• Massachusetts estate tax. For deaths on or after January 1, 2023, a Massachusetts estate tax return is required when the gross estate (plus certain taxable gifts) is more than $2,000,000. The return and any tax are due nine months after the date of death.
• Basis when the house is sold. For federal income tax purposes, an heir's basis in inherited property is generally its fair market value on the date of death. If the house sells for more than that basis, the difference is a taxable gain.

Estate and income tax questions should go to a tax professional or estate attorney. The rules have details and exceptions we don't cover here.

Handling it from a distance

Most of probate is paperwork, which your attorney can manage. The part that's hard from far away is the house itself: keeping it secure, insured, heated and in good repair for months. That's the part DW Solutions handles. With written authorization from the personal representative or the estate's attorney, we secure and rekey the home, send photo and video reports, winterize, and check on it on a schedule. See our estate property services, or start with our first 30 days checklist.

Common questions