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Selling real estate after the death of a loved one can be a complex process, especially in Massachusetts, where probate law plays a central role. For residents of Westport and surrounding areas, understanding how probate law affects the sale of a decedent’s property is essential for ensuring a smooth transaction and avoiding costly legal complications.
At The Law Offices of Patricia Bloom-McDonald, we assist personal representatives and families throughout Massachusetts with probate real estate sales. This blog outlines the key steps, considerations, and legal requirements involved in selling property as part of an estate.
Understanding Probate in Massachusetts
Probate is the legal process by which a deceased person’s estate is administered. The Probate and Family Court oversees the process to ensure that debts are paid, taxes are handled, and assets are distributed according to the decedent’s will, or Massachusetts intestacy law if no will exists.
One of the most common assets in an estate is real property. Because the decedent no longer has legal capacity, a court-appointed personal representative (formerly known as an executor) is responsible for managing and selling the property in accordance with Massachusetts probate law.
Types of Probate Affecting Real Estate Sales
Massachusetts probate can proceed under either informal or formal administration:
- Informal probate is generally faster and involves less court supervision. However, the personal representative may have limitations when selling real estate, especially if the decedent’s will does not explicitly grant the authority to sell property.
- Formal probate requires court hearings and supervision. This process may be necessary if disputes arise among heirs or ambiguities exist in the will. Formal probate allows the court to issue a License to Sell, which authorizes the personal representative to sell estate property legally.
Understanding which type of probate applies is crucial, as it determines the steps required to sell the property.
Obtaining Court Approval for the Sale
Even when a will grants authority to sell property, Massachusetts law often requires the personal representative to obtain court approval through a License to Sell Real Estate. The process typically involves:
- Filing a petition with the Probate and Family Court detailing the property and the reason for the sale.
- Notifying heirs and beneficiaries of the proposed sale, giving them the opportunity to object.
- Receiving the court-issued license that legally allows the sale to proceed.
Court involvement ensures transparency, protects beneficiaries’ interests, and minimizes the risk of post-sale disputes.
Preparing the Property for Sale
Once approval is obtained, the personal representative should focus on preparing the property for the market. Key steps include:
- Securing and maintaining the property: Keep the property in good condition to preserve its value.
- Obtaining an appraisal: Establish a fair market value to ensure the property is priced correctly.
- Selecting a qualified real estate agent: A professional experienced with probate sales can navigate Massachusetts-specific requirements.
- Gathering necessary documents: Collect deeds, mortgage information, and any other relevant legal or financial paperwork.
Careful preparation helps facilitate a smooth sale and protects the estate from potential legal challenges.
Executing the Sale and Managing Proceeds
After a buyer is secured, the personal representative completes the sale, with proceeds typically deposited into the estate account. These funds are then used to:
- Pay outstanding debts and taxes
- Cover administration expenses
- Distribute remaining assets to heirs according to the will or Massachusetts intestacy law
Maintaining accurate records throughout the process is critical, as the personal representative may be required to provide a detailed accounting to the court.
Why Legal Guidance Matters
Selling real estate in probate involves strict legal requirements and fiduciary responsibilities. Mistakes can lead to delays, disputes, or personal liability for the representative. At The Law Offices of Patricia Bloom-McDonald, we provide Westport families with guidance at every stage, ensuring compliance with Massachusetts law and helping the sale process proceed as smoothly as possible.
Contact Us for Probate Real Estate Guidance
If you are a personal representative or family member handling an estate in Westport or nearby Massachusetts communities, contact The Law Offices of Patricia Bloom-McDonald. Our team can guide you through probate real estate sales, helping protect the estate, satisfy legal obligations, and support your family during this challenging time.