Transferring a Parent’s House After an Intestate Death in Massachusetts

Short answer: If your parent died without a will in Massachusetts, the house usually passes through probate under the Massachusetts Uniform Probate Code (M.G.L. c. 190B). A personal representative (administrator) must be appointed by the Probate and Family Court, debts and taxes must be handled, and then the administrator transfers title to the heirs according to Massachusetts intestacy rules. This article explains the typical steps, documents you will need, and practical tips to move the process forward.

Detailed Answer — How the process works in Massachusetts

1. Confirm how the property is titled

Check the deed and any mortgage or tax records at the Registry of Deeds. Common possibilities:

• Owned jointly with right of survivorship or held as tenancy by the entirety: the property usually passes automatically to the surviving owner(s) and does not go through probate.
• Owned solely in the decedent’s name: the property must generally pass through probate before title can be retitled.
• Owned in a trust or otherwise encumbered: trust rules or other documents may control.

If the deed shows joint ownership with right of survivorship or tenancy by the entirety, bring a death certificate to the Registry of Deeds or the mortgage company to have title corrected. If the property is solely in the decedent’s name, continue with the probate steps below.

2. Open a probate case and get authority to act

To transfer real estate when there is no will, an interested person (often an adult child or spouse) files a petition in the Probate and Family Court for appointment as personal representative (sometimes called an administrator). The Probate and Family Court handles appointment, issues letters of appointment (authority), and oversees estate administration. For general information on the courts and local procedures, see the Massachusetts Probate and Family Court website: https://www.mass.gov/orgs/probate-and-family-court.

3. Duties of the personal representative (administrator)

Once appointed and issued letters of authority, the administrator has these common duties:

• Locate and safeguard estate assets (including the house).
• Notify known creditors and publish notice as required.
• Collect the decedent’s assets, pay valid debts, expenses, and taxes.
• Determine the heirs and distribute remaining assets according to Massachusetts intestacy law.

These duties are governed by the Massachusetts Uniform Probate Code (M.G.L. c. 190B). The statute and chapter provide the framework for appointment, duties, and distribution: M.G.L. c. 190B (Uniform Probate Code).

4. How heirs are determined

If the decedent left no valid will, Massachusetts law (the intestacy rules in M.G.L. c. 190B) defines who inherits. The law ranks surviving family members (spouse, children, parents, siblings, etc.) and divides assets according to specific rules. The Probate Court or an attorney can apply the statute to your family facts and prepare the necessary petition and notices. For the statutory framework see: M.G.L. c. 190B.

5. Transferring title to the heirs

After debts and taxes are resolved and the court authorizes distribution, the administrator signs and delivers a deed transferring the property to the heirs named by the court or by agreement among heirs. That deed must be properly drafted, signed, notarized, and recorded in the appropriate Registry of Deeds to update the public title record: https://www.mass.gov/orgs/registry-of-deeds.

6. Alternatives and special situations

• Small estate procedures: Massachusetts provides streamlined procedures for certain smaller estates or for collecting personal property without full probate. These procedures often don’t apply when real property (real estate) needs to be transferred.
• Affidavit or inter vivos transfers: If all heirs agree and there are no creditors or mortgages, some informal transfers can be negotiated, but you usually still need court authority or a recorded deed to clear title for sale or refinancing.
• Mortgage, liens, taxes: Outstanding mortgages or tax liens must be paid (or assumptions arranged) before a clean transfer of title.
• Disputes among heirs: If heirs disagree, the Probate Court will resolve disputes. Litigation can extend timelines and increase costs.

7. Typical timeline and costs

Probate timelines vary. Simple uncontested cases may take several months; estates with complicated assets, creditors, tax issues, or heir disputes take longer. Costs include court filing fees, publication costs, possible surety bonds, and attorney fees if you hire counsel. The Probate and Family Court clerk can provide local filing fee information.

Helpful Hints — Practical checklist and tips

• Gather key documents: death certificate, deed, mortgage statements, recent property tax bill, homeowner’s insurance, bank statements, and any letters or documents the decedent left.
• Check the deed at the Registry of Deeds before filing: joint tenancy vs. sole ownership makes a big difference.
• Order multiple certified death certificates from the registrar of vital records — the Registry of Deeds, banks, and other institutions typically require certified copies.
• Call the local Probate and Family Court clerk for county-specific filing steps and forms: Massachusetts Probate and Family Court.
• Consider an attorney for: preparing petitions, handling creditor claims, resolving title or heir disputes, and drafting the deed for recording. If the estate is small and uncontested you may file without counsel, but real estate transfers often benefit from legal help.
• If you plan to sell or refinance the house, expect buyers and lenders to require clear recorded title — probate transfer plus a recorded deed usually satisfies that requirement.
• Keep careful records of all receipts, distributions, and legal steps; the personal representative must account to the court if required.

Where to get forms and more information:

• Massachusetts Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Registry of Deeds: https://www.mass.gov/orgs/registry-of-deeds

Final recommendations

Start by checking the deed and ordering certified death certificates. If the house is solely in the decedent’s name, contact the Probate and Family Court clerk in the county where your parent lived to learn about filing to become administrator. Consult a Massachusetts probate attorney if the estate has mortgages, disputes, or complex assets — an attorney can prepare the necessary probate petitions and the deed to transfer title cleanly.

Disclaimer: This information explains general Massachusetts procedures and is not legal advice. Laws change and every situation is different. For advice specific to your case, consult a licensed Massachusetts attorney or the Probate and Family Court.