When a loved one passes away without a will in Massachusetts, their estate goes through intestate probate. This court-supervised process determines how assets, including real estate, are distributed. If you’ve inherited a property in Dudley, Webster, Douglas, Oxford, Sutton, Millbury, Charlton, Sturbridge, Worcester, Auburn, Holden, Shrewsbury, Northborough, Westborough, or West Boylston, understanding intestate probate is essential.
What Happens When Someone Dies Without a Will?
If a person dies without a valid will (also known as dying intestate), Massachusetts law decides how their property is divided. The court appoints a Personal Representative (formerly called an executor) to manage the estate. Property distribution follows Massachusetts intestacy laws, prioritizing immediate family members:
- Married with children – The surviving spouse usually inherits everything if all children are from the marriage. If there are children from another relationship, the estate is split between the spouse and children.
- Unmarried with children – The entire estate is divided equally among the children.
- Unmarried with no children – The estate passes to parents, then siblings, then more distant relatives if necessary.
This process can take months or even years, delaying the sale or management of the inherited property.
Steps to Navigate Probate Without a Will
Understanding the probate process can help reduce delays and legal issues. Here’s what to expect:
1. File a Petition with the Probate Court
Probate starts by filing a Petition for Informal or Formal Probate with the Massachusetts Probate and Family Court. This request appoints a Personal Representative to handle the estate.
Massachusetts Probate Court Filing Information
2. Notify Heirs and Creditors
After filing, the court requires a legal notice in a local newspaper. This informs potential heirs and creditors, allowing them to make claims.
3. Settle Debts and Taxes
Before distributing assets, the estate must pay debts, taxes, and other obligations. This includes mortgages, loans, and state taxes.
Massachusetts Estate Tax Information
4. Distribute Assets According to State Law
Once all debts are settled, the remaining assets—including real estate—are distributed according to Massachusetts intestacy laws.
Challenges of Selling an Inherited Property in Probate
Selling a probate property can be complicated, especially with multiple heirs involved. Common challenges include:
- Disagreements among heirs about selling or keeping the property.
- Probate court approvals that take months.
- Outstanding debts or liens that prevent a smooth sale.
How We Can Help You Sell a Probate Property Fast
At Heavenly Home Solutions, LLC, we specialize in buying probate properties quickly and hassle-free. If you’ve inherited a house in Massachusetts, we can help you navigate probate and sell the property without delays. We buy properties as-is, so you don’t need to worry about repairs or clean-outs.
If you need to sell a house in Dudley, Webster, Douglas, Oxford, Sutton, Millbury, Charlton, Sturbridge, Worcester, Auburn, Holden, Shrewsbury, Northborough, Westborough, or West Boylston, we can provide a fast and fair offer.
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