Overview: limited personal representative appointment under Massachusetts small‑estate rules

This FAQ explains the practical steps to seek appointment as a limited personal representative in Massachusetts so you can run a notice to creditors and proceed with sale of real property. This is an explanatory guide only — it is not legal advice. Consult the Probate and Family Court or a licensed Massachusetts attorney for advice tailored to your situation.

Detailed answer — what you need to know and the usual step‑by‑step process

1. Understand the difference: small‑estate affidavit vs. appointment

Massachusetts provides simplified procedures for small estates, but those simplified affidavits generally apply to collecting personal property (bank accounts, personal items) and do not transfer or authorize sale of real estate. If the decedent owned real property that must be sold, you typically need court authority — for example, appointment as a limited personal representative or full personal representative — from the Probate and Family Court.

For the governing probate law in Massachusetts see Chapter 190B (Uniform Probate Code): M.G.L. c. 190B. For local forms and practice check the Massachusetts Probate & Family Court site: Massachusetts Probate & Family Court.

2. Confirm whether the small‑estate route applies

Before you file anything, determine:

• Whether the estate qualifies for any non‑probate small‑estate affidavit process (these usually cover only personal property and have a statutory dollar threshold).
• Whether the estate includes real property. If it does, a small‑estate affidavit usually will not permit sale; you will need court appointment to convey real estate.

3. Choose the right petition to file

To obtain authority to run creditor notice and sell real estate, you will generally file with the Probate and Family Court one of the following (depending on facts):

• Petition for appointment as a limited personal representative (limited authority to take specified steps such as publish notice to creditors and sell a particular parcel), or
• Petition for appointment as personal representative or for formal probate/administration if the court determines the estate needs full administration.

The exact forms and local practice can vary by registry. Contact the clerk at the appropriate Probate & Family Court registry or use the court’s forms page to find the correct petition and instructions.

4. Prepare required documents to file

Typical documents the court will want with your petition include:

• Certified or attested copy of the decedent’s death certificate.
• Legal description of the real property and documentation proving title (deed, land records search).
• Affidavit or schedule listing known assets and approximate values (including whether there are mortgages or liens).
• Names and addresses of heirs and beneficiaries, and known creditors (for mailing direct notice where required).
• Proposed sales contract or explanation of why a sale is necessary (if you ask for authority to sell before closing).
• Any written consents from heirs or beneficiaries, if available (consent can speed approval and reduce notice issues).
• Proposed form of notice to creditors and a plan for publication (newspaper) if the court requires publication.

5. File and pay required fees; request hearing if needed

File your petition and supporting papers at the correct Probate & Family Court registry. There will be filing fees; the clerk will tell you whether a hearing is required. In many cases the court can appoint a limited representative on ex parte (paper) submissions, but some requests for sale of real property will require a hearing so interested persons can object or the court can approve the sale terms.

6. Notice to creditors — how the court’s appointment lets you run notice

Once the court appoints you as a limited personal representative (or grants the court authority requested), you will follow the statutory and court rules for notifying creditors. That commonly involves:

• Sending direct written notice to known creditors by mail.
• Publishing a notice to unknown creditors in a newspaper of general circulation as required by the court or statute.

The court or statute will set the required form of the notice and how long creditors have to submit claims. Follow the court’s directions exactly and file proof of publication and mailing with the court when required.

7. Selling the real property

Steps after appointment commonly include:

1. Obtain the court’s written authority to sell (the letter, appointment order, or a specific court order approving sale terms).
2. Address any mortgage or lien issues — obtain payoff information and list lienholders as parties or give them notice as required.
3. Enter into a purchase and sale agreement in the name of the estate/limited personal representative.
4. Close the sale with a purchaser, providing the deed executed by you as the personal representative and any required court documentation or affidavit from the court clerk.
5. Account to the court and, if necessary, distribute proceeds according to the will or intestacy rules after paying valid creditor claims, expenses, and required fees.

8. After the sale — accounting and closing the administration

You may need to file an account or final report with the court showing proceeds, payment of debts and expenses, and distributions. The court will require evidence that creditor notice was run and that reasonable opportunity was given for claims to be presented.

9. When you should hire an attorney

Consider hiring a probate attorney if any of these apply:

• There are secured debts (mortgages) or disputes over ownership.
• Multiple heirs or potential creditors might object to the sale.
• The title company requires a court order or bond before insuring title after the sale.
• The sale terms are complex or there is risk of creditor claims that could affect the purchaser.

Massachusetts statutory and court resources

Helpful official resources:

• M.G.L. c. 190B, Massachusetts Uniform Probate Code (probate statutes): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Massachusetts Probate & Family Court (registries, forms, local practice directions): https://www.mass.gov/orgs/probate-and-family-court

Helpful hints

• Start by making a complete inventory of assets and liabilities — separate personal property from real property.
• Talk with the clerk at the local Probate & Family Court registry before filing — clerks can identify the correct petition and local requirements.
• Collect a certified death certificate early — you will need multiple copies for filings and to provide to title companies and banks.
• If all heirs agree, get written consents. Heir consent can speed court approval of a sale and sometimes avoid contested hearings.
• Keep careful proof of all notices you send and of newspaper publication — the court will want proof before final distribution or closing title issues.
• Plan for possible creditor claims — do not distribute sale proceeds until creditor windows have closed or claims are resolved, unless the court specifically authorizes distributions earlier.
• Consult a Massachusetts probate attorney if title insurance company or purchaser asks for a court order, bond, or other unusual protections — an attorney can draft the required pleadings and obtain the order efficiently.