How to trace where sale proceeds from a decedent’s Massachusetts house go

This guide explains, in plain language, how to find out exactly who will receive money from the sale of a house that belonged to your father under Massachusetts law. It covers the common scenarios, where to look in public records, what documents to request, and what steps to take if you need court or lawyer help.

Disclaimer

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

Detailed Answer — how sale proceeds are routed and how to trace them

1) First determine how title and ownership were structured

The person or entity that gets the sale proceeds depends on how the property was titled before sale:

• If the house was solely in your dad’s name and he died owning it, the proceeds normally become part of his probate estate and are handled by the personal representative (executor or administrator).
• If the house was held in joint tenancy with right of survivorship or as tenancy by the entirety, the surviving joint owner usually becomes the owner automatically and receives proceeds on sale.
• If the house was held in a trust or had a beneficiary designation (rare for real property but possible), the trustee or trust terms control distribution of proceeds.
• If the house was sold before probate (while your dad was alive), proceeds belonged to the seller at that time and are not necessarily part of his estate.

2) If the sale happened as part of probate

When an estate sale happens under the supervision of the Probate and Family Court, proceeds typically go into the estate’s bank account (an estate account). From that account, the personal representative pays valid creditors, funeral bills, taxes, mortgage liens and other expenses, then distributes any remaining funds to beneficiaries under the will or to heirs under Massachusetts intestacy law. Massachusetts probate statutes and procedures govern these steps. See Mass. Gen. Laws Chapter 190B for the probate rules: Mass. Gen. Laws ch. 190B.

3) If the sale was handled by a closing agent or attorney

The closing statement (closing disclosure or HUD-1) lists every payee and shows the net proceeds paid to the seller or to the seller’s authorized agent. If an estate sale closed, the closing agent typically disburses funds to the estate’s bank account, the mortgage lender, tax authorities, and lien holders, in the order required by law or court order.

4) How to find out exactly where the money went — concrete steps

1. Ask the personal representative (executor/administrator) or trustee for a copy of the closing statement, the deposit ledger, and any court order authorizing sale. Executors are fiduciaries; they should provide estate records on request.
2. Request the probate docket and filings from the county Probate and Family Court where the will was filed. Look for the petition for probate, inventory, petitions to sell real estate, orders allowing sale, accountings, and the final decree of distribution. Massachusetts Probate and Family Court information and local court contacts: Massachusetts Probate and Family Court.
3. Obtain the deed recorded after the sale at the county Registry of Deeds to confirm the buyer and effective transfer date. Many counties provide online land record search via MassLandRecords: MassLandRecords, or contact your county Registry of Deeds via Massachusetts Registries of Deeds.
4. Ask the closing attorney or title company for the final closing statement and wiring records. The statement shows payees and amounts (mortgage payoff, liens, realtor commissions, and net to seller or estate). If you were not given these documents, ask the personal representative to produce them.
5. If the sale was done under court supervision, look for the estate accounting (also called a final account) filed with the court. The account shows receipts, expenses, and distributions. If the account received court approval, the order will state the distribution plan.
6. If the property passed outside probate (e.g., joint tenancy or trust), request a copy of the trust agreement or evidence of joint ownership (deed). The trustee or surviving joint owner should explain where the proceeds went and why.

5) What to look for in the documents

• Closing statement/HUD-1 or Closing Disclosure — shows each payee and the final disbursements.
• Order authorizing sale from Probate Court — usually required if the estate followed court procedures.
• Inventory and appraisement — lists estate assets and values; the inventory entry for real property will indicate how the asset was handled.
• Final account or petition for distribution — shows how the personal representative proposed to pay creditors and distribute the remainder.
• Recorded deed and mortgage releases — show that liens were paid and title transferred to buyer.

6) If you can’t get the information voluntarily

If the personal representative refuses or fails to provide required records, you can:

• File a request with the Probate and Family Court for an accounting or for copies of filed documents. The court enforces fiduciary duties and can compel an accounting or freeze distributions in some situations.
• Ask the court to schedule an accounting hearing or to remove a personal representative if there is evidence of misconduct. These remedies are available under Massachusetts probate law. See Mass. Gen. Laws ch. 190B for the court’s powers over fiduciaries.
• Consider consulting a Massachusetts probate attorney who can review filings, demand records, and, if needed, file motions in court on your behalf.

7) Common reasons you might not see proceeds flow directly to heirs

• Valid creditor claims or a mortgage were paid first.
• Estate taxes, income taxes, and final bills were paid from proceeds.
• The will directs specific liabilities or gifts that reduce the remainder to heirs.
• The property was not part of probate (joint tenancy, trust, or beneficiary designation).

Where to go and who to contact

• Massachusetts Probate and Family Court — for filings, docket entries, orders, and to request court-ordered accountings: https://www.mass.gov/orgs/probate-and-family-court.
• Massachusetts General Laws, Chapter 190B — the probate code: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter190B.
• County Registry of Deeds or MassLandRecords — to confirm deed transfers and recorded lien releases: https://www.masslandrecords.com/ and https://www.mass.gov/orgs/registries-of-deeds.

When to hire an attorney

Consider hiring a probate attorney if:

• The personal representative refuses to produce closing statements or accountings.
• You suspect the estate assets were misapplied or diverted.
• You need help petitioning the Probate Court for an accounting, petition to compel records, or removal of a fiduciary.

Helpful Hints

• Start by politely requesting the closing statement and estate accounting from the executor or trustee. Often you will get the answer quickly.
• Gather key documents: death certificate, will (if any), recorded deed, any trust documents, and prior mortgage statements. These help identify who had authority to receive funds.
• Search the Probate Court docket online or visit the local Probate and Family Court clerk’s office to pull filings and orders. Most filings are public records.
• If the property was sold, obtain the recorded deed to confirm buyer and sale date; then ask the closing attorney or title company for the final closing statement.
• Remember creditors and liens are paid before beneficiaries. Look for mortgage payoff and lien release entries on the closing statement and recorded documents.
• Keep a written log of requests you make (date, person contacted, response). That log helps if you later ask the court to intervene.
• If you fear misconduct, act promptly. The court has tools to freeze distributions and require an inventory and accounting.

If you want, I can outline a short template letter or email you could send to the executor or the closing attorney requesting the closing statement and details of disbursement.