How to Sell a House in Probate in Massachusetts?

Selling a house in probate can feel overwhelming when you’re already dealing with the loss of a loved one. 

Many people don’t know where to start, who to trust, or how long the process will take. If you’re facing deadlines, legal steps, or family pressure, clarity and direction make all the difference.

How to Sell a House in Probate in Massachusetts

To sell a house in probate in Massachusetts, the executor must first open the probate case and get appointed by the court. After that, the home can be listed for sale, but closing requires a court-issued License to Sell. The entire process must follow state laws to protect heirs, confirm ownership, and ensure fair value.

If selling a probate house feels overwhelming, you’re not alone. Give us a call at (617) 539-2221 and get your free offer along with step-by-step help with no pressure and no obligation.

How to Sell a House in Probate in Massachusetts – A Quick Overview

Selling a probate home in Massachusetts starts with the court officially naming an executor or personal representative. Once appointed, that person can handle the sale. The home needs an appraisal, proper listing, and often a petition for court approval. 

A License to sell is required before closing. Whether the property is sold through an agent, to a family member, or a cash buyer, understanding how to sell a house after death in MA is critical to ensuring legal compliance and peace of mind. If done right, the process can move forward without stress or legal risk.

What Is Probate?

Probate is the legal process for settling the estate of someone who has passed away. It ensures that debts get paid and that assets, like property, go to the right people.

In Massachusetts, probate becomes necessary when a person dies with assets solely in their name. That includes real estate that wasn’t placed in a trust or owned jointly. 

During probate, the court appoints a personal representative (also called an executor) who manages the estate and oversees the sale of any property.

Probate protects both heirs and creditors. It confirms the will (if there is one) is valid, pays outstanding obligations, and then transfers ownership of remaining assets.

How to Avoid Probate in Massachusetts?

You can avoid probate by planning. The key is placing assets outside of your name.

Common methods include:

• Living Trusts: Put the home into a revocable trust.
• Joint Ownership with Right of Survivorship: Automatically passes to the surviving owner.
• Transfer-on-Death Deed: As of 2025, Massachusetts does not support TOD deeds, but new legislation is being considered. These deeds, once adopted, would allow direct transfer of a home to beneficiaries upon death, helping avoid a formal probate home sale in Massachusetts.
• Life Estate Deed: Lets you live in the home until death, then passes directly to heirs.

Avoiding probate saves time, court costs, and stress. It also keeps the transfer private and quicker.

Types of Probate in Massachusetts

Massachusetts offers different probate options based on the size and nature of the estate. Choosing the right one helps speed up the process and avoids extra costs.

1. Informal Probate

This is the most common and fastest type. It doesn’t involve court hearings unless there’s a problem. You can start it within a few days of someone’s passing.

It’s ideal when there’s a clear will, no disputes, and everyone agrees on what should happen. A magistrate handles the paperwork, and once approved, the executor can move forward with estate tasks, including the sale of real estate.

2. Formal Probate

Choose this path if there are complications. This includes a contested will, missing heirs, or unclear instructions.

Formal probate involves scheduled court hearings. A judge may get involved to settle disagreements. Though slower than informal probate, it provides a stronger legal structure for more complex cases.

3. Late and Limited Probate

Late probate applies if the decedent passed away over three years ago. You can still sell property, but certain limitations apply. This process restricts what actions an executor can take.

Limited probate is used when you need to take a single action, like selling real estate, but don’t want full probate authority. The court grants limited permissions, and once the task is complete, the probate is closed.

Can a House Be Sold While in Probate?

Yes, you can sell a house while it’s in probate, but only under specific conditions. The key is understanding when the court allows the sale and whether you need a License to sell.

Here are common situations when probate is required before or during a sale:

• The deceased person was the sole owner of the home.
• The property was not held in trust.
• There is no surviving joint tenant with rights of survivorship.
• The will gives clear authority to sell, or the court grants permission.

In rare cases, a will may explicitly authorize the executor to sell without a court-issued license. However, most probate home sales in Massachusetts still require court approval to finalize the transaction. This document gives the executor legal power to sign the deed. Without it, no buyer can take a clear title to the home.

While the sale can start during probate, closing must wait until the court gives the green light. This ensures a legally sound probate home sale in Massachusetts that protects all parties.. This prevents future disputes and protects the interests of all heirs and buyers.

Many homeowners don’t realize they can sell during probate. Get your free offer and clear answers for your situation by calling us today at (617) 539-2221.

How Long Does Probate Take in Massachusetts?

Probate in Massachusetts typically takes 9 to 12 months from start to finish. This is longer than a regular home sale, which usually closes in 55 days or less.

Several factors affect how long the probate lasts:

• Disagreements among heirs
• A contested or unclear will
• Missing or hard-to-locate beneficiaries
• High-value or complex assets
• Delays in court scheduling or paperwork

Probate requires notices to be sent, creditor claims to be processed, and tax filings to be completed. The real estate sale can happen midway through the probate, but full distribution of funds comes after final court approval.

How Does a Formal Probate Sale Work in Massachusetts?

A formal probate sale offers more structure and court oversight. This path is best when conflicts or complex terms are involved.

1. File for Formal Probate: Petition the court and notify heirs and creditors.
2. Court Appoints Personal Representative: The executor receives official documents.
3. Property Gets Appraised: The estate must document the home’s fair market value.
4. Request a License to Sell: Submit a petition to the court, often including a signed offer.
5. Disclose Sale Terms: Listing and purchase contracts must mention “subject to license to sell.”
6. Court Hearing (If Required): Judge may approve or deny the sale based on fairness.
7. Proceed with Closing: Once the court issues the license, you can move to finalize the deal.

Formal probate protects the estate in sensitive cases but adds extra steps and time. It works best when you expect challenges or legal questions.

Formal probate sales can bring delays and court complexity. Let our team handle the process and provide you with a free offer when you call us at (617) 539-2221.

How Does an Informal Probate Sale Work in Massachusetts?

Informal probate is the quicker route and applies when everyone agrees and the estate is simple.

1. Submit Informal Probate Petition: This includes the will and an appointment request.
2. Obtain Executor Authority: After approval, the court issues a certificate of appointment.
3. List the Property for Sale: Work with a real estate agent or a cash buyer.
4. Get an Appraisal or Broker Opinion: Helps determine fair pricing.
5. Request License to Sell (If Needed): Required in many cases before finalizing the sale.
6. Sell the House: Accept an offer and move through closing once the court permits.

Informal probate makes selling more efficient. It’s ideal for families who want to simplify things and move forward without court delays.

How Much Does a Probate Sale Cost in Massachusetts?

Costs vary depending on the estate’s size and complexity. The following are typical fees for selling a house in probate in Massachusetts:

• Executor Fees: Compensation varies by case. Massachusetts courts follow a “reasonable compensation” standard, which often lands around 2% of the estate value but must be deemed fair based on the work involved.
• Court Filing Fees: Ranges from $50 to $1,200, based on estate size.
• Notification Costs: Around $10 to $300, covering certified mail and newspaper notices.
• Probate Bond: $125 to $2,500, usually 0.5% of the estate’s total value. This is refundable once duties are fulfilled.
• Appraisal Fees: Average of $282 across Massachusetts.

These costs come out of the estate, not your pocket. Budgeting for them ensures a smoother probate and property sale process.

Closing costs in Massachusetts

Closing costs in Massachusetts typically range from 2% to 5% of the home’s sale price. These costs often include attorney fees, title insurance, recording fees, and transfer taxes, and are usually paid by the seller unless negotiated otherwise.

When probate expenses start adding up, it helps to know your options. Call us at (617) 539-2221 and get a free offer that helps you avoid extra fees and delays.

Should You Make Repairs to a Probate Sale Home?

It depends on the home’s condition and the type of buyer you’re targeting.

Minor repairs, like cleaning, painting, or fixing safety issues, can help improve the sale price. If the estate is targeting traditional buyers, a little effort can go a long way.

However, if the house needs major work or you’re planning to sell to an investor, repairs may not be necessary. Cash buyers often purchase homes as-is, saving you time and upfront expenses.

Always weigh the repair cost against the expected price gain before deciding.

How to Sell a Home in Probate in Massachusetts?

You can sell a home in probate in Massachusetts through several paths. Your choice depends on how fast you want to sell and how much legal structure you need.

1. Sell Through a Real Estate Agent

This is the most common and market-friendly method.

Steps:

1. Choose a Massachusetts agent experienced in probate sales.
2. Get the home appraised or priced by a broker.
3. List the home on the MLS with proper disclosures.
4. Accept an offer subject to “license to sell.”
5. Submit paperwork to the court.
6. Close the sale after court approval.

A skilled agent helps you get top value while ensuring the legal process is followed.

2. Sell to a Cash Buyer or Investor

If you want speed and simplicity, this is the best path.

Steps:

1. Contact reputable cash home buyers in Massachusetts.
2. Get a no-obligation offer based on current conditions.
3. Share offer with the probate court.
4. Request a license to sell.
5. Close in as little as 7–21 days after the court issues a License to Sell. This approval is required before the executor can legally transfer the deed, ensuring the Massachusetts license to sell real estate is in place.

Cash buyers skip inspections and loan delays, making the process faster and stress-free.

3. Sell to a Family Member or Beneficiary

This works when a family member wants to keep the property but buy out other heirs.

Steps:

1. Agree on a fair sale price among heirs.
2. Draft a purchase agreement.
3. Submit a petition for a license to sell.
4. Present the appraisal to the court for transparency.
5. Finalize the transfer and adjust inheritance shares accordingly.

This method keeps the home in the family while ensuring fairness in value and distribution.

Whether you plan to sell to a family member, investor, or buyer, we can guide you every step of the way. Request your free offer or give us a call at (617) 539-2221 to get started.

Why Pick Boston Investors to Sell a Probate House in Massachusetts?

If you’re looking for a fast, stress-free way to sell a probate house in Massachusetts, Boston Investors stands out as a trusted and reliable solution. Based in Boston and operating 24/7, we offer homeowners direct support to close quickly, without repairs, showings, or commissions. Gregory Asuncion, the founder and real estate investor, leads the team with a clear mission: make probate sales simple and fair for families across the state.

What sets us apart is our all-in-one service model. We are more than a real estate consultant. We are a cash home buyer, foreclosure service, property investment company, and relocation support team. Whether you’re managing a probate estate, avoiding foreclosure, or dealing with an inherited home you don’t want to fix up, we offer fast cash offers with no pressure or hidden fees.

Our services include:

• Buying homes as-is, no repairs or cleaning needed
• Skipping agents and showings, no commissions or delays
• Assisting with inherited, vacant, or distressed homes
• Helping sellers under job relocation, divorce, or foreclosure
• Offering local market knowledge and same-day offers

Boston Investors makes the entire process easy by working remotely and handling every detail from start to finish. You keep control, avoid court hold-ups, and sell the home on your terms. If you’re asking how to sell a house in probate in Massachusetts with less stress and more speed, Boston Investors is ready to help, day or night.