Disclaimer: This article is for educational purposes and does not constitute legal advice.
Step 1: Open a Probate Estate
To include real property in the decedent’s estate, file a petition in the Massachusetts Probate and Family Court where the decedent lived. Submit the original will (if any), a death certificate, and your oath as executor or administrator. The court will issue Letters Testamentary (with a will) or Letters of Administration (if intestate), giving you authority over estate assets. See M.G.L. c.190 §1.
Step 2: Notify Creditors and Inventory Assets
Within 7 days of receiving letters, publish a notice to creditors in a local newspaper and mail notice to known creditors. Creditors then have seven months from first publication to present claims. See M.G.L. c.190 §4. Meanwhile, prepare and file an inventory of all estate assets—including real property—within three months. See M.G.L. c.190 §36.
Step 3: Petition for License to Sell Real Property
After the creditor-claim period or with early court approval, petition for a license to sell estate real property. Your petition must describe the property, state the reasons for sale, and propose sale terms. The court may require a fiduciary bond. See M.G.L. c.190 §47.
Step 4: Conduct the Sale
Once the court issues a sale license, advertise according to court instructions and conduct a public auction or private sale if permitted. Follow all notice and bidding requirements. After closing, deposit the gross sale proceeds into the estate’s bank account.
Step 5: Pay Claims and Finalize the Estate
Use sale proceeds to pay valid claims in the priority set by statute: administrative expenses, funeral costs, taxes, secured debts, and general creditors. File a final accounting with the court and petition for distribution of any remaining funds to heirs or beneficiaries. The court will close the estate upon approval.
Helpful Hints
- Gather all title and deed documents early to prevent delays.
- Keep precise records of all notices, advertisements, and filings.
- Check for any homestead exemption that may protect part of the property.
- Use a professional appraiser to determine fair market value.
- Consider consulting a probate attorney for complex estates.