How to transfer real estate after a spouse’s death in Massachusetts: key steps to put a child on title

Short answer: First determine how the property was titled (joint tenants, tenants by the entirety, or sole ownership). If the surviving spouse already owns the property by right of survivorship, no probate deed is needed and the registry can be updated with a death certificate. If the deceased owned the property alone, the estate usually must be probated (or the personal representative must be appointed) so a deed can be signed and recorded transferring title to the child.

Detailed answer — step‑by‑step under Massachusetts law

1) Confirm current title and read the recorded deed

Go to the county Registry of Deeds where the property is recorded and pull the deed. You need to know whether title is held as:

Tenancy by the entirety (married couple ownership that carries automatic survivorship),
Joint tenancy with right of survivorship, or
Sole ownership in the name of the deceased spouse.

If title shows tenancy by the entirety or joint tenancy with survivorship, the surviving spouse becomes sole owner automatically at death. If the property is in the deceased spouse’s name alone, ownership will pass according to the will or by intestacy and generally requires probate administration before the property can be legally conveyed.

2) If the property passed by survivorship (tenancy by the entirety or joint tenancy)

Survivorship takes effect by operation of law. To update public records at the Registry of Deeds you typically need to record:

A certified copy of the death certificate for the deceased spouse; and
An affidavit (if the Registry requests one) from the surviving spouse confirming survivorship and identifying the recorded deed (book/page or document number).

Check the local Registry of Deeds for their required forms and fees. For Registry of Deeds locations and contacts, see the statewide page: Massachusetts Registries of Deeds.

3) If the deceased was sole owner (no survivorship) — probate or court appointment is usually required

If the deed names only the deceased spouse, the property does not transfer automatically. The estate’s personal representative (executor named in a will, or an administrator appointed by the Probate and Family Court if there is no will) must take steps to transfer title:

File the will (if any) and start probate in the Probate and Family Court in the county where the decedent lived. The Probate Court handles appointments of personal representatives and gives authority to administer the estate. See the Probate & Family Court page: Massachusetts Probate and Family Court and the how‑to guide: Apply for probate in Massachusetts.
Obtain Letters Testamentary or Letters of Administration (court-issued appointment). The court issues a document (often called “Letters” or a certificate of appointment) that evidences the personal representative’s authority to act for the estate.
The personal representative signs and delivers a properly drafted deed (commonly called an “executor’s deed” or “administrator’s deed”) transferring the property to the child (or to the child after any intermediate steps required by the will or court). The deed must include the correct legal description, be signed and acknowledged (notarized) by the personal representative, and comply with local recording rules.
Record the signed deed at the appropriate county Registry of Deeds with: a certified copy of the decedent’s death certificate and a certified copy of the Letters or court order appointing the personal representative. Pay applicable recording fees and any required conveyance excise or transfer costs.

4) Small estates and alternatives

Massachusetts has rules for small estates and limited non‑probate transfers, but those procedures are generally limited in scope and often do not cover real estate. In many cases a court appointment or probate is required to transfer title to real property. Consult the Probate Court guidance: Apply for probate in Massachusetts and relevant statutes in the Massachusetts probate code (see below).

5) Practical documentation you will usually need to record a deed

Original signed and notarized deed transferring title (executor’s/administrator’s deed).
Certified copy of the decedent’s death certificate.
Certified copy of Letters Testamentary or Letters of Administration from the Probate Court (or a court order directing conveyance).
Any relevant will (if requested by the Registry) or proof of intestacy order.
Appropriate recording fee and any excise/transfer tax required by the Registry.

6) Follow local Registry of Deeds rules and pay attention to timing

Each county Registry of Deeds sets document formatting, margin, and indexing requirements. Make sure the deed meets the Registry’s standards and that you file any required coversheet, affidavit, or form. Probate can take weeks to months depending on complexity. After the deed is properly recorded, the child’s name will appear on the land records as the owner.

7) Where the child inherits by intestacy (no will)

If there is no will, Massachusetts intestacy rules and the Probate Court decide who inherits. The court will appoint an administrator and the administrator will sign the deed to transfer title consistent with court orders and intestate succession rules in the Massachusetts probate code.

Relevant Massachusetts statutes and resources

Conveyances and deeds: Massachusetts General Laws, Chapter 183 (Conveyances): malegislature.gov — Chapter 183
Probate and administration (Uniform Probate Code adopted in Massachusetts): Chapter 190B: malegislature.gov — Chapter 190B
Massachusetts Probate and Family Court information: Massachusetts Probate and Family Court
Registries of Deeds (county listings, recording rules, fees and local requirements): Massachusetts Registries of Deeds

Helpful Hints

Start by ordering a certified copy of the death certificate from the town clerk where the death was registered—registries typically require that.
Pull the recorded deed at the county Registry of Deeds first. The way the deed is written controls whether survivorship applies.
If the property shows joint tenancy or tenancy by the entirety, the surviving spouse should contact the Registry to learn exactly what they need to record (often just the death certificate and an affidavit).
If the deceased owned the property alone, plan for probate: file the will (if there is one) and apply for appointment of a personal representative at the Probate and Family Court where the decedent lived.
Have an attorney or an experienced title professional prepare or review the executor’s/administrator’s deed — mistakes in legal description or signatures can cause rejection at recording and create title problems later.
Ask the Registry of Deeds in advance about formatting, margin, and cover sheet requirements to avoid rejected filings and extra trips.
Check for potential estate or conveyance taxes and for municipal requirements; your county Registry of Deeds website will list fees and any excise/transfer obligations.
Keep originals of letters and recorded documents; once the deed is recorded, get a certified copy or a recording reference (book/page or document number) for the child’s records.

Next practical step: Visit the county Registry of Deeds to read the recorded deed and then contact the local Probate and Family Court (or consult an attorney) to determine whether you must open probate or whether a survivorship recording will be sufficient.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Massachusetts attorney or contact the Probate and Family Court.