Detailed Answer

In Massachusetts, a decedent’s personal representative handles the sale of estate real property and distributes net proceeds to heirs. State law governs both sale and distribution. Under Massachusetts General Laws Chapter 190B §3-619, a personal representative may sell estate assets without a court order if all interested persons provide written waivers of notice. Once the sale closes, heirs must sign specific authorization forms to direct how the closing agent should allocate funds.

1. Consent and Waiver of Notice of Sale
   Heirs sign a written Waiver of Notice of Proposed Sale under M.G.L. c.190B §3-619. This document confirms they have received copies of the sale terms and consent to proceed without a formal court hearing. (M.G.L. c.190B §3-619)
2. Distribution Authorization or Direction
   Heirs or beneficiaries complete a Distribution Authorization form or written directive to the personal representative or closing attorney. This form specifies each heir’s share, any prior advances, and net proceeds allocation. Many closing agents use a standard “Distribution of Proceeds” worksheet showing line-item distributions, which heirs must sign and have notarized.
3. Receipt, Release, and Waiver
   After disbursement, heirs sign the Probate and Family Court Form PC-722, titled Receipt, Release and Waiver. This form acknowledges receipt of funds, releases the personal representative and estate from further claims, and finalizes the distribution process.
4. Affidavit of Collection (Small Estate Process)
   If the estate’s total personal property (including sale proceeds) does not exceed $25,000, heirs may use the small estate affidavit under M.G.L. c.191 §22 to collect proceeds directly without formal probate. Each heir signs the Affidavit of Collection of Personal Property to confirm their entitlement. (M.G.L. c.191 §22)

Before closing, confirm with the closing agent which specific forms they require. Ensure all documents are complete and notarized. Keep signed originals in the estate file and provide copies to all beneficiaries.

Helpful Hints

• Review the full text of M.G.L. c.190B §3-619 to understand waiver details.
• Obtain official Probate and Family Court forms (PC-722, PC-200, PC-230) from mass.gov.
• Work with the closing attorney to draft a clear Distribution Authorization that lists each beneficiary’s share.
• Notarize all authorization and release forms to ensure acceptance by title companies.
• Maintain a detailed ledger of disbursements to document compliance with court orders and fiduciary duties.
• If in doubt, consult a probate attorney to verify form requirements and proper execution.