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Selling real estate during probate can be one of the most complicated aspects of managing a deceased loved one’s estate. In Massachusetts, including Westport, the process involves multiple legal steps, court oversight, and careful attention to fiduciary duties. At The Law Offices of Patricia Bloom-McDonald, we help personal representatives and families navigate probate real estate sales with clarity and confidence.
This blog will guide you through the key legal considerations and steps involved in selling real estate in a probate estate in Westport, MA.
Understand the Probate Process First
Probate is the legal process through which a deceased person’s assets are gathered, debts are paid, and the remaining property is distributed according to their will (or state law if there is no will). Real estate often forms a significant part of an estate and may need to be sold to satisfy debts, divide assets among heirs, or simplify the administration process.
In Massachusetts, a personal representative (formerly called an executor) is appointed by the Probate and Family Court to manage the estate, including any real estate sales.
Determine the Type of Probate Administration
Before any sale can occur, it’s crucial to understand whether the estate is proceeding under informal or formal probate:
- Informal probate is a streamlined process handled by a magistrate without the need for court hearings. However, real estate sales under informal probate can be limited because the court does not issue a license to sell.
- Formal probate involves a judge and may be necessary if there are questions about the will or other complications. One benefit of formal probate is that the court can issue a License to Sell, which authorizes the personal representative to sell the property.
If the will specifically grants the personal representative the power to sell real estate, the process may be more straightforward. If not, or if no will exists, the representative must petition the court for approval.
Petition for a License to Sell (if required)
When a court order is needed, the personal representative must file a Petition for a License to Sell Real Estate with the probate court. This petition must detail:
- The property’s address and value
- The reason for the sale
- How the proceeds will benefit the estate
Heirs or beneficiaries have the right to object to the sale, which could result in a court hearing.
Once approved, the court will issue the license, enabling the representative to proceed with the listing and sale.
Prepare the Property for Sale
Once authorization is secured, the personal representative should:
- Secure and maintain the property (e.g., lawn care, insurance, repairs)
- Hire a real estate agent with experience in probate sales
- Appraise the property to determine a fair market value
It’s also essential to gather all relevant documents, including the deed, mortgage records, and utility bills. Complete transparency and proper documentation help protect the estate from future disputes.
Disclose That the Sale Is a Probate Sale
Massachusetts law requires certain disclosures when selling real estate. The personal representative should disclose that the property is part of a probate estate and that the sale is subject to court approval (if applicable). Buyers should be aware that the timeline may be longer than that of a typical transaction due to the involvement of the court.
Complete the Sale and Distribute the Proceeds
After accepting an offer and finalizing the sale, the proceeds must be deposited into the estate account. These funds can be used to:
- Pay remaining debts or taxes
- Cover administration expenses
- Distribute remaining assets to beneficiaries
The personal representative must keep detailed records of the transaction and provide an accounting to the court and beneficiaries.
Consult Legal Counsel Throughout the Process
Selling probate real estate in Westport involves more than just listing a property—it’s a court-regulated transaction that requires compliance with state probate rules and fiduciary responsibilities. Mistakes can delay the process or expose the personal representative to liability.
At The Law Offices of Patricia Bloom-McDonald, we provide personalized legal guidance for every stage of probate administration, including real estate sales. We work closely with clients to ensure compliance with Massachusetts probate law, protect the estate’s interests, and reduce stress during an already difficult time.
Contact Us to Navigate Probate Real Estate Sales in Westport
If you’re managing an estate and need to sell property in Westport or nearby communities, contact The Law Offices of Patricia Bloom-McDonald. We’re here to help you move forward with clarity, confidence, and peace of mind. Let us handle the legal complexities so you can focus on honoring your loved one’s legacy. Contact us today for a confidential consultation.