Short answer
If the house is sold and the net sale proceeds are part of your father’s probate estate (that is, the house belonged to him in a way that does not automatically pass to someone else), then after valid debts, taxes, administration costs, and any statutory allowances are paid, any remaining money is distributed according to your father’s will. If, instead, the house passed automatically to a surviving owner (for example, because it was owned jointly with right of survivorship or held as tenancy by the entirety), the sale proceeds may belong to that surviving owner and not to your father’s probate estate.
Detailed Answer (how this works under Massachusetts law)
1. Who owned the house at the time of death?
Ownership type controls the first question: did the property become part of your father’s probate estate?
- Sole ownership in your father’s name: If the deed showed only your father as owner, the home is typically part of his probate estate. Proceeds from a sale of the property become estate assets and are handled by the personal representative (executor or administrator) and usually distributed under the will after valid claims are paid.
- Joint ownership with right of survivorship or tenancy by the entirety: If the home was owned jointly with a right of survivorship (including tenancy by the entirety for spouses), ownership typically passes immediately to the surviving joint owner outside of probate. Proceeds from a sale by the surviving owner are not estate assets and therefore do not get distributed under your father’s will.
- Property held in trust or with transfer-on-death designation: If the home was in a trust or had a valid transfer-on-death deed/title, it may pass according to those documents outside probate.
2. If the home is part of the probate estate
When the property is an estate asset, the personal representative must collect estate assets (including sale proceeds), pay valid creditor claims, pay administration expenses (court costs, attorney fees, real estate commissions if the home was sold, funeral costs if not already paid), pay taxes, and satisfy statutory allowances (see below). Only after these obligations are resolved will the remaining funds be distributed according to the will (specific gifts first, then residuary beneficiaries).
Massachusetts probate and estate matters are governed by the Massachusetts Uniform Probate Code and related statutes; see Chapter 190B of the Massachusetts General Laws for probate rules: M.G.L. c.190B (Probate and wills).
3. Creditor priority and liens
Secured creditors (for example, a mortgage lender whose mortgage was recorded against the property) are entitled to be paid out of the property or its sale proceeds before unsecured creditors and beneficiaries. If a mortgage or tax lien is present, sale proceeds are used to pay those liens first. The estate cannot distribute funds to beneficiaries until the personal representative pays valid liens and claims.
4. Homestead and statutory allowances
Massachusetts law provides protections that can affect how much a surviving spouse or family receives. For example, homestead protection can prevent forced sale of a home in some circumstances or give the surviving spouse a degree of protection; see the homestead statutes: M.G.L. c.188 (Homesteads). The probate code also provides for allowances that can be used by a surviving spouse or minor children for support during administration (see Chapter 190B).
5. Typical distribution order (summary)
- Payment of funeral and final medical expenses (if charged to the estate)
- Payment of secured claims (mortgages, recorded liens) tied to the property
- Administration expenses: personal representative fees, attorney fees, court costs, commissions, sale costs (real estate broker fees)
- Unsecured creditor claims allowed in probate
- Taxes (estate, income, or property tax obligations)
- Statutory allowances (homestead, family allowance, exemptions under Massachusetts law)
- Distribution to beneficiaries under the will (specific bequests first, residuary distribution next)
6. Common scenarios
- Executor sells a probate asset: Sale proceeds go into the estate bank account and are distributed under the will after debts/claims are paid.
- Surviving spouse sells the home because title already passed to them: Proceeds normally belong to the surviving spouse and are not subject to distribution under the decedent’s will.
- Home sold by agreement of heirs outside of probate: If title was still in decedent’s name, heirs should only distribute proceeds after proper probate procedures; otherwise they may face creditor claims or disputes.
7. What steps should you take now?
- Check the deed to see how title was held (sole owner, joint tenants with right of survivorship, tenancy by the entirety, or held in trust).
- Contact the personal representative (executor) or the attorney handling the estate to ask whether the sale proceeds were treated as estate funds.
- Request a copy of the deed, the death certificate, and any probate filings (petition for probate, appointment of personal representative, inventory of estate assets).
- If you suspect the proceeds were wrongly removed from the estate, consult a probate attorney promptly about your options to challenge distributions or assert beneficiary rights.
Helpful Hints
- Find the deed: check the county registry of deeds to verify how the home was titled.
- Ask for written accounting: beneficiaries are entitled to basic accounting and information from the personal representative about estate assets and distributions.
- Look for liens: a recorded mortgage or judgment will usually show up at the registry of deeds.
- Get copies of probate filings: the Probate and Family Court docket will show whether probate was opened and who was appointed personal representative; see the Massachusetts Probate and Family Court: Massachusetts Probate & Family Court.
- Act quickly on concerns: there are time limits for contesting actions in probate, and for creditors to present claims, so do not wait if you believe something was handled improperly.
- Consult an attorney if title is complex (trusts, life estates, divorce records, or deeds that grant survivorship rights).
Where to read the law
Relevant Massachusetts statutes and resources:
- Probate and wills (Massachusetts Uniform Probate Code): M.G.L. c.190B
- Homestead statute: M.G.L. c.188
- Massachusetts Probate & Family Court information: Mass.gov — Probate & Family Court
Disclaimer: This article provides general information about Massachusetts law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Massachusetts probate attorney who can review all facts and documents.