Can You Sell an Inherited House During Probate in MA?

If you recently inherited a house in Massachusetts, you may be wondering whether you can put it on the market now or wait until probate ends.

The short answer is that an inherited house can often be sold before the entire probate estate is closed. However, the person signing the listing documents, purchase and sale agreement, and deed must have legal authority to act on behalf of the estate.

Depending on whether there is a will and what the will says, the estate may also need permission from the Massachusetts Probate and Family Court before the sale can close.

Before accepting an offer, it is important to confirm three things:

• Whether the house is actually a probate asset

• Who has authority to act for the estate

• Whether a court-issued License to Sell is required

  
  

Getting those answers early can prevent a delayed closing, title problems, and conflict among family members. An attorney can help in this case.

First, determine whether the house must go through probate

Not every inherited home is subject to probate. The recorded deed and any trust documents usually determine who has the authority to act.

A home may pass outside probate if it was:

• Owned jointly with a right of survivorship

• Owned by spouses as tenants by the entirety and one spouse survives

• Properly titled in a trust

  
  

Probate is more likely to be required when the deceased person owned the home solely in their own name. If the property was owned as tenants in common, the deceased's share may also be part of the probate estate.

This is why reviewing the deed should be one of the first steps. A will alone does not change how title was held during the owner's lifetime.

Who can sell a house that is in probate?

Family members do not automatically receive authority to sell a home immediately after someone dies, even if the will names one of them as executor.

The Massachusetts Probate and Family Court generally must first appoint a personal representative. Once appointed, that person receives documents commonly called Letters of Authority. Until the correct person has authority, signing a contract or making commitments for the estate can create avoidable problems.

When is a Massachusetts License to Sell required?

A License to Sell is a court order authorizing the sale of estate real estate. Whether one is required depends largely on the will.

Under Massachusetts General Laws Chapter 190B, Section 3-715, an appointed personal representative may sell estate real estate to an arm's-length third party when:

• The deceased person left a will that gives the personal representative authority to sell the real estate, or

• The Probate and Family Court issues a License to Sell under Chapter 202

  
  

In practical terms, a License to Sell is generally needed if the person died without a will or if the will does not include an adequate power of sale. Massachusetts provides a Petition for Sale of Real Estate for this purpose.

Even when a separate license is not required, the personal representative still has fiduciary duties to the estate and its beneficiaries. The transaction should be handled carefully, documented properly, and structured to protect the estate.

Can the house be sold before probate is completely finished?

Often, yes. The estate does not always have to be fully closed before a property is sold.

The sale can generally move forward once the personal representative has the necessary authority, any required License to Sell has been obtained, and the title issues needed for closing have been addressed.

The proceeds from the sale do not automatically go straight to the heirs at closing. They generally remain part of the estate and may need to be used for valid expenses, debts, taxes, and other estate obligations before the remaining assets can be distributed.

Get guidance before moving forward

Every estate is different, and selling too soon or without the correct authority can cause delays. Murray Law Firm can review the probate status, will, title, and proposed sale to help you understand the next steps.

If you need help selling an inherited property in Massachusetts, call 978-579-9800 or email info@danielmurraylaw.com to schedule a consultation.

This article provides general information and does not constitute legal advice.