My mother died in 1970. I just found out two years ago (when my father died) that the house was registered in only her name. So he lived in the house for over 30 years (paid bills and taxes) without having ownership. How long does probate take in Massachusetts?
-- (Posted on the Forum by Dianne)

(The following response was posted by Attorney Jennifer Deland of Holliston, MA.) Yes, probate does take some time, often more than a year. However long it takes, though, you do need to do it. The sooner you start, the sooner it will be over. You will probably need to probate your mother's and then your father's estate. Unless your mother left a will giving the house to someone else, the house will have to pass through her estate into your father's estate, before it can be distributed to his heirs. It may be possible to sell the house out of your mother's estate. If so, the purchase price would still have to pass through probate, but at least the house would not be incurring upkeep costs and taxes while the process is going on. The money, on the other hand, could be deposited in an interest-bearing account.
Deeds are a matter of public record, and many Massachusetts counties have them on line. It is a good idea to check, when someone passes on, what the state of title actually is. I wonder what other loose ends remain from your mother's passing.

Editor’s Note: Probate is a legal proceeding that takes place in the Probate and Family Court in the county where the deceased resided. The probate process provides for the collection and preservation of the probate assets; the payment of all debts and taxes owed by the estate; and the determination of the proper distribution of the assets. The process usually starts when someone files a petition for the allowance of the will. If there is no will, an interested party, such a family member, may file a petition for the administration of the estate. With large estates, or when—as in this case—there are complications, it is highly advisable to hire a probate attorney to guide you through the process.