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Massachusetts Agencies

Administration of Estate of Foreign Decendent


In sections 73 and 74 from Newhall, Settlement of Estates and Fiduciary Law in Massachusetts, The Lawyers Co-operative Publishing Company (Fourth Edition, 1957 [1994 Supplement]) the procedure under G.L.c. 202, §32 (permitting a foreign executor or administrator to obtain a license to sell) is characterized as one employed where, owing to the small amount of property involved, or the nonexistence of many creditors in Massachusetts, it is not worth while to undertake formal administration proceedings. Where this procedure is not used, however, the treatise indicates that while ancillary proceedings are technically just that, the administrator "petitions in the usual manner," and in most respects his position is the same as if he were the principal administrator.

As to ancillary proceedings where the will has been probated in a foreign jurisdiction, see G.L.c. 192, §9.