Detailed Answer — Steps an Executor (Personal Representative) Should Follow to Sell Real Property to Pay Estate Debts in Massachusetts

Disclaimer: This is general information, not legal advice. You should consult a Massachusetts probate attorney about your specific situation.

Overview

As executor (often called a personal representative) in Massachusetts, selling estate real estate to pay debts usually follows a predictable set of steps: confirm your authority, open the estate with the Probate and Family Court, value the property, obtain any required court authorization, handle notices and liens, complete the sale, account for the proceeds, pay debts and expenses, and then distribute any remaining funds. The process is governed by Massachusetts probate law (see Chapter 190B) and local Probate and Family Court procedures. Relevant state law and court authority are at the Massachusetts General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B, and by the Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court.

Step-by-step process

1. Confirm your authority and obtain appointment. If the decedent left a will naming you as executor, you must file the will with the Probate and Family Court and be appointed by the court and issued Letters Testamentary (or Letters of Administration if there is no will). You cannot legally act as personal representative until the court issues those letters. See Probate Court guidance at https://www.mass.gov/orgs/probate-and-family-court and Chapter 190B for statutory authority.
2. Identify estate assets and prepare an inventory. Inventory the estate’s assets, including the real property, any mortgages, liens, tax obligations, and personal property. Many courts require you to file an inventory or account to the court within set timeframes. Accurate valuation helps determine whether a sale is necessary to pay debts.
3. Determine whether you need court approval to sell. Check whether the will expressly gives you power to sell real property without prior court permission. If the will grants a clear power of sale, you may be able to sell under that authority (subject to recording and other legal requirements). If the will does not grant that power, or if the property must be sold to pay creditors, you will typically petition the Probate and Family Court for an order authorizing the sale. Chapter 190B governs the powers and duties of a personal representative; consult the statute and court rules: Chapter 190B.
4. Appraise the property and obtain title information. Get a professional appraisal or broker price opinion to establish fair market value. Obtain a title search to discover mortgages, liens, judgments, easements, or other encumbrances. You must resolve liens or provide for payoff as part of closing.
5. Give required notices (beneficiaries and creditors). Massachusetts probate law requires that interested parties be notified of major estate actions. If you seek court authorization for a sale, the court will typically require notice to beneficiaries and possibly publication or creditor notices so creditors can present claims against the estate. Follow the Probate Court’s local rules and Chapter 190B procedures for notice and creditor claim handling: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B and Probate Court resources at https://www.mass.gov/orgs/probate-and-family-court.
6. File a petition if court approval is required. If the will does not authorize an unsupervised sale or if the sale is contested, file a petition with the Probate & Family Court asking the court to authorize the sale. The petition should describe the property, state the reason for the sale (for example, to pay debts), attach the appraisal or listing terms, and show that you have given required notice. The court may hold a hearing and will issue an order specifying sale terms if it approves.
7. Market and sell the property consistent with the court order or your authority. If you have authority to sell, proceed to market the property through a realtor or by other means. If you sold pursuant to a court order, follow the order’s terms (for example, minimum bid, sale method). Often the sale is by private contract, but the court can direct a public sale or confirmation process.
8. Handle lien payoffs, taxes, and closing requirements. At closing you must obtain payoff figures for mortgages and liens, pay any real estate taxes due, and prepare a deed that transfers title to the buyer. Record the deed at the appropriate county Registry of Deeds: https://www.mass.gov/orgs/registry-of-deeds. If the sale required court confirmation, you may have to submit closing documents to the court before distributing proceeds.
9. Deposit proceeds into an estate account and pay debts and expenses in priority. Deposit sale proceeds into a separate estate bank account (do not commingle with personal funds). Use the money to pay funeral expenses, administration costs (including your allowed executor fees), taxes, and creditor claims in the priority order required by law. Keep careful records and retain receipts. Massachusetts probate procedures governing payment and distribution are in Chapter 190B and Probate Court practice.
10. Prepare accountings and petition for distribution/closing. After paying debts and expenses, prepare an accounting to the court showing receipts and disbursements. Petition the court for approval to distribute the remaining estate to beneficiaries per the will or intestacy rules and to close the estate. The court will review the accounting, ensure creditors were handled properly, and authorize final distribution.

Common complications to watch for

• Disputed beneficiary objections to the sale — may create delays and require hearings.
• Unknown liens or tax issues discovered at closing — may require additional petitions or negotiations.
• Insufficient proceeds — if the sale proceeds do not cover debts, you must follow statutory priorities and possibly seek court guidance on insolvent estates.
• Time-sensitive creditor or tax deadlines — missing deadlines can create liability for the estate or for you personally.

Practical checklist (quick)

1. Confirm appointment and obtain Letters Testamentary/Administration.
2. Inventory assets and order an appraisal.
3. Get title search and lien report.
4. Determine if will grants power to sell; if not, prepare petition for court approval.
5. Give required notices to beneficiaries and creditors per Probate Court requirements.
6. Market the property. Accept an offer consistent with any court order.
7. Close sale, record deed, deposit proceeds in estate account.
8. Pay debts, taxes, expenses; file accounting; petition for final distribution and estate closing.

Where to find forms and more information

Probate & Family Court local rules, filing forms, and instructions are available from the Probate and Family Court (Massachusetts): https://www.mass.gov/orgs/probate-and-family-court. The Massachusetts General Laws governing probate and administration are in Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B. For recording deeds and checking local recording requirements, use your county’s Registry of Deeds: https://www.mass.gov/orgs/registry-of-deeds.

Helpful Hints

• Hire a probate attorney familiar with Massachusetts probate practice and executor sales to avoid costly mistakes and delay.
• Use an experienced real estate agent who understands executor sales and can help set realistic pricing and disclosure for an estate sale.
• Keep meticulous records of every step: notices sent, appraisal, title reports, offers, closing statements, payments, and court filings.
• Open a separate estate bank account immediately after receiving Letters — never mix estate funds with personal funds.
• Expect that probate court approvals and creditor notice periods can add weeks or months to the timeline; plan for market conditions accordingly.
• Check for homestead, tax, or family allowance claims that could affect proceeds before distribution.
• Before marketing, consider an ask-for-offers strategy that anticipates court review if court confirmation may be needed; include contingencies to protect the estate.
• If the estate may be insolvent (debts exceed assets), consult an attorney early so you can prioritize creditor procedures and limit personal exposure.

If you want, provide a short summary of the property, whether the will gives you specific sale power, and whether you’ve already been appointed by the Probate Court — I can outline the likely filings and notices you will need next.