The spouse or heirs at law of any resident of this commonwealth who dies outside the commonwealth may personally present to the town clerk of the town where such person was domiciled at the time of his death an original certificate or other written evidence of the same, or a duly authenticated photostatic copy thereof. The town clerk may file such certificate, written evidence or photostatic copy as evidence establishing such death, or may make a copy thereof, which he shall attest as a true copy, and which he may then file as such evidence.
If such certificate, written evidence or photostatic copy is not, in the opinion of the town clerk, sufficient to establish such death, and he refuses to file the same, a judge of probate in the county wherein such town lies may, on petition and after a hearing at which the clerk shall have an opportunity to be heard, order him to receive such certificate, written evidence or photostatic copy as sufficient evidence to establish such death, whereupon such clerk shall file the same.
Mass. Gen. Laws ch. 46, § 1C