The answer to the commonly asked question, “Can a house be sold while it is in probate in Massachusetts , Massachusetts?” is a resounding “Yes.” However, selling a property during probate isn’t like a typical real estate transaction. It requires strict adherence to Massachusetts probate laws, and the process is closely supervised by the probate court. If you’re the executor or administrator, you’ll play a vital role in monitoring, managing, and approving each stage of the sale.
Although it may seem complicated, having a clear understanding of how to sell a house in probate in Massachusetts can help simplify the process, avoid costly mistakes, and ensure a smooth transfer of ownership.
Step 1: Appointment of the Executor or Administrator
In a Massachusetts or Massachusetts probate case, the first step is the appointment of an executor or administrator to handle the estate.
- Executor: If the decedent left a will that names a person to carry out the duties, the court will likely honor that request, provided the person is willing and able.
- Administrator: If no will exists or no one is named, the court appoints a close relative to act as the estate’s administrator.
This individual will be responsible for handling legal documents, managing estate debts, and overseeing the probate home sale in Massachusetts Massachusetts.
Step 2: Professional Property Appraisal
Before the probate house can be sold, the property must be professionally appraised. This is a legal requirement because the court needs a verified value to ensure the home sells for at least 90% of the appraised amount.
To avoid complications or delays, it’s crucial to:
- Hire a licensed, experienced real estate appraiser
- Make sure the appraised value reflects current market conditions in Massachusetts
- Retain documentation for submission to the probate court
A correct appraisal forms the basis for pricing a probate house properly and satisfying the court’s requirements.
Step 3: Listing the Property for Sale
Once the property has been appraised and the executor has court approval to sell, the home can be listed on the Multiple Listing Service (MLS) as a probate sale. This alerts potential buyers and their agents to the fact that the sale is subject to probate court approval.
Here’s how the typical listing and offer process works:
- The home is marketed and shown like any other property
- A buyer submits an offer with a 10% earnest money deposit
- The executor reviews the offer and, if acceptable, submits it to the probate attorney and court
- The court schedules a hearing to approve the offer
This stage marks a major milestone in selling a house during probate in Massachusetts Massachusetts.
Step 4: Notification to Heirs and Court Confirmation
Once a buyer’s offer has been tentatively accepted, a Notice of Proposed Action must be mailed to all legal heirs of the estate. This notice outlines:
- The proposed sale price
- Key terms and conditions of the deal
- Information about the buyer
Heirs are given 15 days to respond with any objections. If no one objects, the court may finalize the sale without a formal hearing. If objections are raised, the process may require a contested court hearing or further documentation.
Step 5: Overbidding in Court
Probate sales in Massachusetts may also involve court-supervised overbidding, which is unique to this type of transaction. During the court confirmation hearing:
- The judge announces the accepted offer
- Anyone present can make a higher bid (typically at least 5% plus $500 more than the accepted offer)
- If a new bid is submitted, the original buyer’s 10% deposit is refunded
- The new highest bidder must immediately provide a 10% deposit in the form of a cashier’s check
This bidding process ensures the estate gets fair market value and protects the heirs’ interests.
Step 6: Finalizing the Sale and Escrow
Once the highest bid is accepted and confirmed by the court:
- A no-contingency purchase agreement is signed
- Escrow is opened and typically closes within 15 days
- Proceeds are distributed according to the estate plan and court instructions
This process wraps up the transaction and concludes the sale of a house in probate in Massachusetts , Massachusetts.
Need Help Selling a House in Probate in Massachusetts ?
Selling a house while it’s in probate can be daunting. From court filings to appraisals, listing, and overbidding, there are multiple steps—and plenty of legal requirements—to navigate.
If you’re an executor or heir looking to sell an inherited house in probate in Massachusetts , it’s wise to work with a probate attorney and experienced local real estate professionals who understand the intricacies of Massachusetts probate home sales.
Want to Learn More?
📞 Contact us today to learn how to sell a probate house in Massachusetts , Massachusetts, or for help navigating the court process from start to finish. We’re here to make things easier, clearer, and faster for you and your family.