Disclaimer

This information is educational only and not legal advice. For help tailored to your situation, consult a Massachusetts probate or real estate attorney or the Probate and Family Court. See the Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court.

Detailed answer

1) First step: find out how title is held

Before any buyout, you must know how the deceased parent owned the house. Common possibilities:

• Joint tenancy with right of survivorship: the surviving joint tenant(s) automatically own the property at death. That usually avoids probate for the house.
• Tenancy in common or sole ownership: the decedent’s share passes either under the will or by intestacy to heirs and may become part of the probate estate.
• Deeds with named beneficiaries or other transfer documents: some properties transfer outside probate depending on the instrument.

Check the deed at the county Registry of Deeds to confirm the form of ownership and any mortgages or liens. Massachusetts Registries of Deeds information: https://www.mass.gov/orgs/land-court-and-registry-of-deeds. You can also have a title search done through a title company or attorney.

2) If the house is part of the probate estate

If the house becomes part of the probate estate, the court appoints a personal representative (executor or administrator). That representative has specific powers to manage estate assets. Under Massachusetts probate law and rules, some transactions need either the representative’s authority under the will or court approval.

General probate rules and procedures are available from the Probate and Family Court: https://www.mass.gov/orgs/probate-and-family-court. For statutory guidance on distribution of estates, consult the Massachusetts General Laws (searchable): https://malegislature.gov/.

3) Buyout approach — overview

Buying out siblings means you agree on a price for each heir’s share and transfer ownership to you (or to you and other agreeing co‑owners) instead of selling the home on the open market. Typical steps:

1. Confirm the percentage share each heir owns (from the deed or via probate distribution rules).
2. Obtain a professional appraisal or broker price opinion to set a fair market value.
3. Negotiate price and payment terms with each sibling or heir.
4. Document the agreement in writing (purchase agreement or family settlement agreement).
5. Close the transaction: pay the agreed sums, execute and record a deed transferring the seller heirs’ interests to the buyer.
6. If the house is in probate, obtain any required court approval or release from the personal representative before recording changes.

4) Practical details you’ll face

• Valuation: Get a licensed appraiser. Heirs often accept an appraiser’s number more readily than a one‑sided offer.
• Funding the buyout: Options include cash, refinancing the mortgage into your name, a promissory note to the selling heirs, or seller financing by the estate (rare without court approval if in probate).
• Mortgage considerations: If the property has a mortgage, the mortgage holder may need to approve a refinancing or stay in place. Buying an owner’s share does not automatically remove an existing mortgage obligation unless the mortgage is refinanced or paid.
• Taxes: Capital gains rules, possible estate tax issues, and transfer tax exemptions can apply. Consult a tax advisor. Massachusetts has estate tax rules distinct from federal rules; see the Massachusetts Department of Revenue for guidance.
• Title and recording: After payment and signed deed, record the new deed at the county Registry of Deeds to protect the buyer’s ownership. See how to record a deed: https://www.mass.gov/how-to/record-a-deed-or-other-document.

5) If the estate is open in probate: approvals and pitfalls

If the house is estate property, the personal representative may have authority to sell or transfer estate property under the will or probate rules, but some transactions still require notice to heirs or court approval. When dealing with heirs who are also beneficiaries, a written family settlement or a specific court petition may be advisable to avoid later disputes.

If heirs cannot agree, any heir may seek a court‑ordered partition or sale. A partition action forces either division of physical property (rare and impractical with a single house) or an orderly sale with proceeds divided among owners. To avoid this, get signed agreements and, when necessary, court approval of the settlement. The Probate and Family Court can explain local practice: https://www.mass.gov/orgs/probate-and-family-court.

6) Use a written purchase or family settlement agreement

A written agreement protects everyone. Key items to include:

• Which parties sell and which buy.
• How the property value was determined (appraisal date and appraiser).
• Purchase price and method of payment (cash, note, refinance timeline).
• Who pays closing costs, recordation, and prorations (taxes, utilities).
• Representations about liens, mortgages, and authority to sell.
• What happens if funding fails, or if an heir refuses to sign the deed.

7) Closing the transaction

At closing, the seller‑heirs sign a deed transferring their interest. If the estate executed the sale through its personal representative, the representative signs. After all documents are signed and payments made, record the deed at the Registry of Deeds. If probate supervises the estate sale, you may also need a court endorsement or order confirming the sale and distribution.

8) When to involve the court or an attorney

Situations where legal help or court involvement is wise (or required):

• The estate is open and the personal representative is unsure if they have authority to sell without court approval.
• Heirs disagree about value, distribution, or terms.
• There are mortgages, tax complications, creditor claims, or liens on the property.
• A sibling refuses to cooperate; you want to avoid a later partition lawsuit or claims against you.

If you need one, find local probate counsel through the Massachusetts Bar Association or the Probate and Family Court clinics listed at https://www.mass.gov/orgs/probate-and-family-court.

Helpful hints

• Start by pulling the deed at the county Registry of Deeds to confirm ownership and any liens: https://www.mass.gov/orgs/land-court-and-registry-of-deeds.
• Order a professional appraisal. It removes much of the negotiation friction.
• Get a title report so you know about mortgages, liens, easements, or other clouds on title.
• Propose a written offer and include a deadline for response to move things forward.
• Consider refinancing the mortgage into your name if you are buying out others and need monthly payment relief.
• Use an escrow or title company for closing funds and document handling to ensure everyone is protected.
• If the estate is in probate, ask the personal representative whether a court order is needed; if uncertain, obtain written confirmation or an order to avoid later disputes.
• Keep records of all communications and signed agreements in case of future claims.
• Talk with a tax professional about possible capital gains, step‑up in basis, or Massachusetts estate tax consequences.