Can a house be sold while in probate in MA?

Probate is the process of reassigning the property to the beneficiaries after the person dies. When a person passes away they leave their loved ones and their property behind. Sometimes the last will or the Testate is left behind by the person and in some cases it is not.

Whatever is the situation, the property is reassigned to the heirs with the court of law, and this extensive thorough process is known as probate.

Sometimes a question arises, “can a house be sold while in probate in Boston MA?“, and the answer is that it can be sold if simple steps are followed. As real estate investors in MA, Wicked Local Home Buyers advises sellers to go through the following steps and also suggests other investors check the procedures when they go for buying property on probate period in Boston.

As real estate investors in MA, Wicked Local Home Buyers advises sellers to go through the following steps and also suggests other investors check the procedures when buying property in probate in Boston.

Can a house be sold while in probate in MA? Yes, but make sure to follow these steps first!

The Key Steps of the Massachusetts Probate Process

1. Filing the Petition and Appointing a Personal Representative
   • The process begins by filing a petition in the Probate and Family Court of the county where the deceased person lived. The petition, along with the original will (if one exists) and a certified death certificate, requests that the court appoint a “Personal Representative.” This person, formerly known as an executor, is the individual legally authorized to manage the estate.
   • If the deceased had a will, the document will typically name the Personal Representative.
   • If there is no will, the court will appoint an administrator, often a surviving spouse or close family member.
2. Providing Notice to Interested Parties and Creditors
   • Once the petition is filed, notice must be given to all “interested parties”—such as heirs, beneficiaries, and creditors. This is a critical step that ensures everyone with a potential claim to the estate is aware of the proceedings. Creditors have a specific period, generally one year from the date of death, to file claims against the estate. This is a primary reason why the probate process often takes a year or more, even for simple estates.
3. Inventory and Appraisal of Assets
   • The Personal Representative’s first major task is to identify, inventory, and appraise all of the deceased person’s probate assets. This includes real estate, bank accounts, stocks, personal belongings, and any other property not already set to bypass probate. For larger or more complex estates, this may require professional appraisals to determine the fair market value of the assets. A detailed inventory of these assets must be filed with the court.
4. Paying Debts, Taxes, and Expenses
   • After the assets are valued, the Personal Representative uses the estate’s funds to pay all valid debts, taxes, and administrative expenses. This can include:
     • Final medical bills
     • Credit card debt
     • Mortgage payments
     • Utility bills
     • Funeral expenses
     • Filing fees and legal costs
     • Federal and Massachusetts estate taxes (for larger estates) and final income taxes
5. Distributing the Remaining Assets
   • Once all debts and taxes are settled, the remaining assets are distributed to the beneficiaries. If there is a will, the Personal Representative follows its instructions. If there is no will, the assets are distributed according to Massachusetts’ laws of “intestate succession,” which dictates how property is divided among surviving relatives.
6. Closing the Estate
   • After all assets have been distributed, the Personal Representative files a final statement with the court to close the estate. This document confirms that all debts and taxes have been paid and all assets have been distributed correctly, bringing the probate process to a conclusion.

The Role of an Attorney

While it is possible to navigate probate without a lawyer, it can be a complex and time-consuming process. The legal forms, filing requirements, and deadlines can be challenging for someone who is grieving and unfamiliar with the legal system. A Massachusetts probate attorney can help with everything from filing the initial petition to handling creditor claims and ensuring all tax obligations are met, providing peace of mind during a difficult time.

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