When a loved one passes away, dealing with their estate can feel overwhelming—especially if you’re responsible for selling their property. If you’ve inherited a house in Massachusetts, you may be wondering: Can you sell the house before probate is completed? The short answer is: it depends. Let’s take a closer look at the probate process and what options you have if you need to sell a property quickly.
Understanding Probate in Massachusetts
Probate is the legal process of settling an estate after someone passes away. It involves validating the will (if there is one), paying off debts, and distributing assets—including real estate—to the rightful heirs. In Massachusetts, probate can take several months to over a year, depending on the complexity of the estate.
There are two main types of probate in Massachusetts:
- Voluntary Administration (for estates under $25,000, excluding real estate)
- Formal and Informal Probate (for larger estates, including those with real estate)
During this process, the court appoints a personal representative (also known as an executor or administrator) who is responsible for managing the estate, including any property sales. For more details, visit the Massachusetts Probate Court or check out Understanding the Probate Process.
Can You Sell a House Before Probate is Completed?
In Massachusetts, you generally cannot transfer ownership of a property until probate is completed. However, there are exceptions:
1. If the Property is Held in a Trust
If the deceased placed the house in a living trust, probate may not be necessary. The trustee can sell the property according to the terms of the trust.
2. If the Property Has a Joint Owner with Rights of Survivorship
If the house was owned jointly with rights of survivorship, the surviving owner automatically inherits it. This means it does not need to go through probate and can be sold immediately.
3. If the Executor Receives a License to Sell
If you’re the appointed personal representative of the estate, you may be able to petition the court for a license to sell before probate is finalized. This court-approved process allows you to list and sell the property before the probate process is complete.
How to Sell a House in Probate in Massachusetts
If the property must go through probate, here’s what the process typically looks like:
- File for Probate – The estate’s executor or administrator submits the necessary paperwork to start probate proceedings.
- Obtain Court Approval – If you need to sell before probate is complete, the court must approve the sale. Check out the Massachusetts Uniform Probate Code for legal guidance.
- List and Market the Property – Once approved, you can list the property for sale.
- Close the Sale and Settle the Estate – The proceeds from the sale must go through probate to pay off any debts before distributing funds to heirs.
Selling a House in Probate? We Can Help!
Navigating probate can be complicated, but you don’t have to do it alone. At Heavenly Home Solutions, LLC, we specialize in buying properties in probate throughout Massachusetts, including Dudley, Webster, Douglas, Oxford, and many other towns. We work with estate executors and heirs to make the selling process quick and hassle-free.
Benefits of Selling to a Cash Buyer During Probate
- Fast and hassle-free sale – No need for repairs, showings, or waiting months on the market.
- No realtor fees or commissions – You keep more of the sale proceeds.
- We handle the paperwork – We work with probate attorneys to ensure a smooth transaction.
- Flexible closing timeline – We can close on your schedule.
Get Professional Guidance and a Fair Cash Offer
If you need to sell a probate property in Massachusetts, we can guide you through the process. Contact Heavenly Home Solutions, LLC today for a no-obligation consultation:
📞 Call or text: 774-272-6604
📧 Email: [email protected]
📅 Schedule a call
We’re here to help you navigate probate and sell your property as quickly and smoothly as possible.
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