Detailed Answer — step‑by‑step under Massachusetts law

When someone dies owning real estate, the personal representative (executor or administrator) often must get the Probate and Family Court’s permission—commonly called a “license to sell” or a court order—before transferring title. Massachusetts law gives personal representatives authority to manage and sell estate property, but the safe way to give buyers and title companies confidence is a court order. The Massachusetts Uniform Probate Code codifies the representative’s powers; see M.G.L. c. 190B, §3‑709: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-709.

1) Figure out your role and what powers you already have

• If you already hold letters testamentary or letters of administration, those documents describe the legal authority you have. Some wills expressly give the executor power to sell; if the will or letters grant clear authority, you may be able to proceed, but buyers and title insurers commonly still want a court order or court‑approved closing documents.
• If you are not the personal representative, you cannot sell estate property unless the court appoints you or authorizes the sale for another reason.

2) Decide whether you need a court order

• Even when the personal representative has statutory powers, many buyers and title companies require either (a) a certified copy of letters showing authority, or (b) a Probate Court order specifically authorizing the sale. If a buyer’s lender or the title company insists, plan to get a court order.
• Use M.G.L. c. 190B §3‑709 as the statutory basis for court authority to sell estate real estate: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-709.

3) Prepare the necessary papers

When the clerk’s office won’t explain forms, you can still assemble a typical petition package and file it. Typical contents:

• A Petition for License to Sell Real Estate (or a written petition asking the court to authorize the sale). There is no single mandatory statewide form, so courts accept a petition that states the facts and requested relief.
• Copy of decedent’s will (if any).
• Certified copy of death certificate.
• Certified copy of letters testamentary or letters of administration (if already issued).
• Proposed purchase and sale agreement (or a copy of the offer you want approved).
• List of interested parties (heirs, beneficiaries, small creditors known to you) and their addresses.
• Proposed order for the judge to sign authorizing the sale (a draft order speeds the hearing).
• Filing fee (check the Probate Court fee schedule) — look up fees on the Probate and Family Court page: https://www.mass.gov/orgs/probate-and-family-court and forms at https://www.mass.gov/lists/probate-and-family-court-forms.

4) File the petition with the correct Probate and Family Court

File in the county where the decedent lived at death. If the clerk’s counter staff won’t explain form details, you can still file—Probate clerks must accept filings that are properly captioned and paid. Use the court’s website for local filing hours and addresses: https://www.mass.gov/orgs/probate-and-family-court.

5) Serve notice to interested parties and request a hearing

• After filing, arrange service of notice on beneficiaries, heirs, and any other interested parties per court rule. If you are unsure about precise service rules, follow the safest route: mail copies and use a process server or sheriff to effectuate service so the court will have proof.
• If everyone who has an interest in the estate signs a waiver in writing, the court may act more quickly. But do not rely on this unless you have clear written waivers.

6) Attend the scheduled hearing and obtain a signed order

At the hearing a judge can authorize the sale, approve the proposed sale terms, and sign an order. Bring originals (letters, death certificate) and evidence the buyer or title company requires. Once signed, the order can be recorded at the registry of deeds to clear title.

7) If you need an expedited or emergency sale

If the property is deteriorating, or holding the property causes substantial loss, you can include that urgency in the petition and ask the court for an expedited hearing or temporary permission. Provide proof (photos, contractor estimates, etc.) showing imminent loss.

8) What if the clerk’s office still refuses to help?

• Clerks cannot give legal advice, but they must accept filings and can tell you basic procedural steps like filing locations and fee amounts. If a clerk refuses to accept paperwork, ask to speak with the Register of Probate or a supervisor.
• Use online resources: the Probate Court’s forms and instructions page https://www.mass.gov/lists/probate-and-family-court-forms and the general court site https://www.mass.gov/orgs/probate-and-family-court.
• If you remain stuck, hire or consult a probate attorney. Estate sales are routine for probate lawyers and title companies; an attorney can prepare and file a correct petition quickly.

Key statutes and resources

• Authority for personal representatives to sell estate property: M.G.L. c. 190B, §3‑709 — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-709
• Massachusetts Probate and Family Court (locations, local rules, and general guidance): https://www.mass.gov/orgs/probate-and-family-court
• Probate and Family Court forms list (useful forms and filing checklists): https://www.mass.gov/lists/probate-and-family-court-forms
• Practical, plain‑language probate explanations: MassLegalHelp — https://www.masslegalhelp.org/estate/probate

Helpful Hints

• Start with confirmed authority: if you already have letters, gather certified copies and present them at filing and to the buyer.
• Prepare a clear petition and a draft order. Judges appreciate a draft order that they can sign if they agree to the requested relief.
• Include copies of the purchase and sale agreement and any lender requirements in your filing to show the court why its order is needed.
• File early and serve notice properly. Even if beneficiaries won’t object, proper notice avoids later disputes and title problems.
• If the clerk’s office won’t explain, use the court’s website resources and forms and consider calling the Register of Probate. Clerks can explain where to file and fee amounts but not give legal advice.
• Title companies sometimes accept a certified copy of letters plus an affidavit from the personal representative in lieu of an order. Ask the buyer’s title company what they will accept before filing.
• If you can’t afford an attorney, look for free or low‑cost help: MassLegalHelp (https://www.masslegalhelp.org) and the Massachusetts Bar Association referral services (https://www.massbar.org/for-the-public) can point you toward resources.
• Keep records of everything: filings, certificates of service, correspondence with beneficiaries, and any signed waivers.
• If there are competing claims to the property or disputes among heirs, hire counsel promptly; contested sales become complicated quickly.

Important disclaimer: This article explains general Massachusetts probate procedures and statutes. It is for educational purposes only and is not legal advice. If you need direction specific to your case, consult a licensed Massachusetts probate attorney.