Short answer
If one heir pays for an appraisal, you sometimes can require reimbursement — but only in certain situations under Massachusetts law or by contract. Reimbursement commonly depends on who hired the appraiser, whether the appraisal was necessary and reasonable for estate administration or the buyout, whether the personal representative already authorized the expense, and whether the co‑heir agrees (or a court orders) that the cost should be shared. If the other heir refuses, you can usually protect yourself by seeking an offset against the buyout price, asking the Probate and Family Court for an accounting or surcharge, or getting a court order allocating costs.
Detailed answer — how reimbursement works under Massachusetts law
Typical fact pattern (example)
Imagine two siblings inherit a house as co‑heirs. One sibling hires a Massachusetts‑licensed appraiser, pays $700, and uses that value to propose a buyout (where one sibling buys the other’s share). The other sibling refuses to reimburse the $700 before closing. Who pays?
Key legal principles that apply
- Authority and agreement control first. If the personal representative (executor/administrator) or the co‑heirs agreed in writing that appraisal costs would be shared or paid out of estate funds, that agreement controls. Written allocation in a buyout agreement is the simplest way to require reimbursement.
- Personal representative duties. Massachusetts probate law gives the personal representative authority to collect assets, pay debts and estate expenses, and account to heirs. Reasonable expenses necessary for administration — such as appraisals to determine fair market value — are generally proper estate charges if the personal representative authorized them. See Massachusetts probate law, Chapter 190B (Mass. Gen. Laws ch. 190B) for the Probate Code that governs administration authority and accounting. (Mass. Gen. Laws ch. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B)
- Voluntary payments by a co‑heir. If a co‑heir unilaterally hires and pays an appraiser to protect their own interest (not authorized by the personal representative), that co‑heir can try to recover the cost by agreement, offset, or court action, but recovery is not automatic. A court will examine whether the appraisal was reasonable, necessary, and whether the paying heir acted in good faith to benefit the estate or the other heirs.
- Court remedies if the co‑heir refuses. If the other co‑heir refuses to reimburse voluntarily, common remedies include (a) offsetting the appraisal fee from the buyout price, (b) asking the Probate and Family Court for an accounting and surcharge (a court order requiring reimbursement if the expense was proper), or (c) asking the court in a partition action or probate accounting to apportion costs. The Probate and Family Court handles final accountings and disputes among heirs. (Probate & Family Court information: https://www.mass.gov/orgs/probate-and-family-court)
How a court will decide
A Massachusetts court will weigh factors such as:
- Was the appraisal reasonable in scope and cost and performed by a licensed MA appraiser? (See the Massachusetts Board of Registration of Real Estate Appraisers for licensing: https://www.mass.gov/orgs/board-of-registration-of-real-estate-appraisers)
- Was the appraisal necessary to value estate property for distribution or for a fair buyout?
- Did the personal representative or the other heirs have an opportunity to obtain their own appraisal or to object before the appraisal was obtained?
- Is there a written agreement allocating appraisal costs, or language in the will or estate administration directing how expenses are paid?
Practical outcomes you can expect
- If a personal representative authorized the appraisal and paid it from estate funds, the cost will generally be treated as an estate expense and apportioned in the accounting.
- If a co‑heir paid the appraisal unilaterally but the appraisal was reasonable and necessary, a judge may order the other heir to reimburse either directly or via adjustment of the buyout amount.
- If the appraisal was unnecessary, excessive, or done in bad faith, a court is less likely to require reimbursement.
Steps to protect yourself right now
- Get the appraisal invoice and the appraiser’s credentials (license number) in writing.
- If you are the personal representative, document authorization for the appraisal in the estate file. If not, document why the appraisal was necessary.
- Send a written demand to the co‑heir attaching the invoice and an explanation of why the appraisal was necessary and reasonable. Propose either reimbursement or an agreed offset against the buyout price.
- If the co‑heir refuses, propose mediation or file a petition in the Probate and Family Court for an accounting and apportionment of expenses. The court can order equitable allocation or surcharge if warranted.
- To avoid disputes going forward, include cost allocation language in any buyout agreement or settlement: state who pays appraisal fees, who selects the appraiser, and how disagreements are resolved.
Where to look in Massachusetts law
Massachusetts’ probate statutes and rules govern estate administration and accounting. See the Massachusetts Uniform Probate Code, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B. For court procedures and filing a petition, consult the Probate and Family Court resources: https://www.mass.gov/orgs/probate-and-family-court.
Helpful Hints
- Try to get a written agreement among co‑heirs before ordering an appraisal. That prevents disputes.
- Use a Massachusetts‑licensed appraiser and keep the report detailed (methodology, comps, effective date). Appraisal credibility matters in court.
- Consider lowering the buyout price by the appraisal cost instead of demanding reimbursement — it’s often faster and less adversarial.
- Keep all receipts and communications about the appraisal and the buyout negotiation in writing.
- If the estate has a personal representative, ask them to authorize and pay for the appraisal from estate funds to avoid personal disputes among heirs.
- If tensions are high, consider mediation through a Probate Court‑approved mediator before filing paperwork.
- Talk with a Massachusetts probate or real estate attorney about drafting a buyout agreement that allocates costs and sets dispute‑resolution rules.
Disclaimer
This article explains general principles under Massachusetts law and uses a hypothetical scenario to illustrate common outcomes. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a Massachusetts probate or real estate attorney or the Probate and Family Court.