Overview

This FAQ-style guide explains how someone in Massachusetts can complete probate when a decedent’s will appears outdated and how a personal representative can obtain authority to sell estate real property. The article summarizes the common steps, documents you will need, and the typical court actions that give a representative the legal power to transfer or sell real estate owned by the estate.

Disclaimer

This is educational information only and not legal advice. I am not a lawyer. For advice specific to your situation, consult a qualified Massachusetts probate attorney or the Probate and Family Court.

Detailed answer — essential steps under Massachusetts law

1) Identify the current will status and whether the property is in probate

Start by locating the original will and any codicils. An “outdated” will can mean several things: it might not reflect later transactions (for example, the decedent later sold or mortgaged the property), it might have been revoked by a newer will or physical act, or life events (marriage, divorce, births) may have changed distribution rules. In Massachusetts, wills and revocations are governed by state law (see Massachusetts General Laws, Chapter 190 and Chapter 190B):

• Chapter 190 (Wills): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190
• Chapter 190B (Probate Code / estate administration): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

2) Confirm whether the real property is part of the probate estate

Not all property owned by the decedent passes through probate. Check title documents at the county Registry of Deeds and review how the property is owned:

• Joint tenancy with right of survivorship or tenancy by the entirety often passes outside probate to the surviving owner.
• Property titled in the decedent’s name alone generally goes through probate if it is not otherwise disposed of.
• Property held in a living trust usually passes outside probate.

Registry of Deeds directories: https://www.mass.gov/orgs/registries-of-deeds

3) Open probate and obtain letters testamentary or letters of administration

If the property is part of the probate estate, the next step is to probate the will (if there is one) or open an administration when there is no valid will. The Probate and Family Court issues documents (commonly called “letters testamentary” when an executor is appointed under a will, or “letters of administration” if no will) that show who has the legal authority to manage estate assets, including real property. The court process and forms are handled through the Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court and general how-to guidance at https://www.mass.gov/how-to/probate-a-will-or-administer-an-estate

4) Authority to sell estate real property — common paths

Once appointed, a personal representative usually has statutory powers to manage and settle the estate, but the specific authority to sell real estate can depend on the will language and the circumstances. Typical ways to obtain authority to sell include:

• Express power in the will: If the will expressly gives the executor the power to sell real estate, the executor may typically proceed after obtaining letters testamentary and fulfilling any notice/publication requirements.
• Sale to pay debts and expenses: Courts generally allow sale of estate property when needed to pay debts, expenses of administration, or taxes, or when sale is necessary for proper distribution to beneficiaries.
• Sale with beneficiary consent: If all beneficiaries agree, a sale is often simpler and faster — but the sale should be documented, and the personal representative should still comply with Probate Court procedures and title transfer requirements.
• Court authorization: If authority is unclear or beneficiaries disagree, the personal representative can petition the Probate Court for an order authorizing the sale, setting terms, or approving a sale agreement.

Massachusetts court rules and probate statutes set out the personal representative’s powers and duties; see Chapter 190B for the general framework: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

5) Practical court steps to get authority to sell

1. File a petition to probate the will or for administration in the Probate and Family Court for the county where the decedent lived. Attach the original will if one exists.
2. After appointment, publish or mail required notices (creditors’ notices) and file inventories/accounts as required by the court.
3. If the will does not expressly authorize sale, or if beneficiaries object, file a petition with the court seeking specific authorization to sell the property. Provide evidence (e.g., appraisal, reason sale is necessary such as debts or efficient distribution) and proposed sale terms.
4. If the court grants permission, it will issue an order. With letters and the court order, proceed with sale, closing, and recordation at the Registry of Deeds.

6) Title, liens, and obligations at closing

Before selling, obtain a recent title search and an appraisal. The personal representative must determine existing mortgages, liens, or tax obligations, because those must be resolved at closing or left for the buyer if agreed in writing. If a bond is required by the court, it may be a condition of the letters of appointment and can affect sales authority.

7) When there is a later will, missing or revoked will, or disputes

If you discover a later will or evidence a will was revoked, notify the court immediately. Competing wills or claims typically require a hearing. If beneficiaries challenge the sale or distribution, the Probate Court resolves disputes.

Documents and information to gather (checklist)

• Original will and any codicils; copies if originals are not available
• Certified copy of the decedent’s death certificate
• Deeds, mortgage statements, property tax bills, insurance policies, and recent title report
• List of heirs and beneficiaries (with contact information)
• Bank account statements, retirement account info, and a list of known debts
• Appraisal or broker opinion of value for the real property
• Any prior transfers, deeds, or trust documents that may affect ownership

Timeline and likely costs

Probate timelines vary by complexity. Simple probates may conclude in several months; contested or asset-heavy estates can take a year or longer. Expect filing fees, publication costs, appraisal fees, title and closing costs, and attorney fees if you hire counsel. The Probate and Family Court website has fee schedules and local court contact information: https://www.mass.gov/orgs/probate-and-family-court

When to hire an attorney

• If heirs or beneficiaries dispute the will or the sale
• If the will is ambiguous or you suspect revocation
• If the estate has complex assets, significant debts, tax issues, or business interests
• If you need a court order to sell property or if title issues arise

Helpful hints

• Confirm ownership at the Registry of Deeds before assuming the property is an estate asset: https://www.mass.gov/orgs/registries-of-deeds
• Keep a full, dated paper trail of all estate actions (notices, appraisals, communications with beneficiaries).
• Get a professional appraisal or broker price opinion before petitioning the court to sell.
• If beneficiaries agree, draft and file a written consent with the court to smooth the process.
• Check whether the estate qualifies for simplified or small estate procedures to avoid full probate (check Probate Court guidelines for thresholds and forms): https://www.mass.gov/how-to/probate-a-will-or-administer-an-estate
• Consider title insurance for the buyer and confirm how liens and encumbrances will be resolved at closing.
• Ask the Registry of Deeds about recent transactions affecting the property to detect unrecorded or later changes to title.

Where to find Massachusetts forms and more information

• Probate and Family Court (local branches, forms, guidance): https://www.mass.gov/orgs/probate-and-family-court
• General probate how-to and filing steps: https://www.mass.gov/how-to/probate-a-will-or-administer-an-estate
• Massachusetts General Laws, Chapter 190 (Wills): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190
• Massachusetts General Laws, Chapter 190B (Probate Code / Administration): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

Final note

Finishing probate with an “outdated” will often comes down to: (1) confirming whether the property is part of the probate estate, (2) obtaining appointment and letters from the Probate Court, and (3) securing either express will language or a court order authorizing the sale. When anything is unclear — especially regarding title, possible later wills, or beneficiary objections — get experienced probate counsel to help navigate court petitions and avoid liability as a personal representative.