Home Options MA

Estate, probate and cleanout

What to do with a house after a parent dies in Massachusetts

Do four things first: order certified death certificates, lock and insure the house, find the will, and call a probate attorney. You usually cannot sell the house until a court-appointed personal representative has authority. Informal probate can be ordered as soon as 7 days after the death, so you can have a path to a sale within weeks in a simple case. Do not throw anything out and do not sign a sale contract until that authority is in place.

Updated October 7, 2026. Facts checked October 7, 2026 against the sources listed at the bottom. General information, not legal, tax or financial advice.

Certified death certificate, by mail$32 per copyMass. Registry of Vital Records, read Oct. 2026
Earliest informal probate order7 days after deathMass.gov Probate and Family Court, Oct. 2026
Informal probate filing fee$375 + $15 surchargeMass.gov, read Oct. 2026
Deadline to open probate3 years from death (general rule)Mass.gov and M.G.L. c. 190B s. 3-108

The first week: what has to happen right away

You do not have to decide about the house in week one. You do have to protect it, and you need paper in your hands. This is the short list.

  1. Order certified death certificates. Banks, insurers, the court and the registry of deeds all ask for certified copies. Details and cost are in the next section.
  2. Lock the house and check who has keys. Change the locks if keys went to caregivers, tenants, contractors or anyone you do not know well. Take photos of every room first.
  3. Call the homeowners insurer. Tell them the owner has died and ask in writing what happens to coverage if the house is empty. Many policies limit coverage after 30 to 60 days of vacancy. See vacant inherited house insurance and utilities.
  4. Handle the mail. Only an appointed executor or administrator can have USPS forward a deceased person’s mail, and a death certificate alone is not enough proof (USPS). Until then, collect it at the house or ask a neighbor to.
  5. Keep heat and utilities on. In winter, a frozen pipe can cost more than the utilities. IBHS advises a thermostat setting of at least 55 degrees even when no one is home.
  6. Find the original will. Look in a desk, safe, safe deposit box, or with the attorney who drafted it. Do not alter, staple or mark the original. Informal probate needs the original will.
  7. Report the death to Social Security. The funeral director usually does this if you give them the Social Security number. SSA takes reports by phone or in person only (USAGov).

Death certificates in Massachusetts: how to order and what they cost

The Registry of Vital Records and Statistics in Dorchester issues certified copies. As of October 2026 the state fee schedule is:

Massachusetts certified death certificate fees (Mass.gov, read Oct. 2026)
How you orderFeeTypical speed
Online or by phone (VitalChek)$54 first copy, $42 each extra copy7 to 10 business days, or next-day with expedite
By mail to the Registry$32 per copyWithin 30 business days of receipt
In person at the Registry counter$20 per copySame visit; check or money order only

The Registry only issues certified copies, so every copy you order is an official one. The city or town clerk where the death happened may also issue copies. We did not verify clerk fees for each town, so call the clerk in the town of death.

How many to order? Count the places that want one: each bank and brokerage, each insurer, the court, the registry of deeds, the retirement plans and the DMV. Ask each place whether a certified copy is returned or kept. It is cheaper to order a few extra now than to reorder.

Securing the house: the part that costs money if you skip it

A house that sits empty is the most common source of avoidable loss in an estate. These steps cost little.

  • Insurance. Do not cancel the owner’s policy. Massachusetts law lets an insurer cancel when a home is vacant for more than 60 consecutive days (Mass. Division of Insurance). Ask about a vacancy endorsement or a vacant-dwelling policy before that clock runs out.
  • Heat. The Division of Insurance says most homeowners policies cover a burst pipe only if the home was properly heated and not left unoccupied (Mass. DOI, Jan. 2026).
  • Valuables. Move cash, jewelry, medications, firearms, checkbooks and papers to one locked place. Photograph before and after. For firearms, see the rules in how to value household contents.
  • Property tax and bills. Real estate tax bills are still due. Massachusetts bills are due July 1 each year with interest at 14% a year on late balances (M.G.L. c. 59, s. 57). Pay from estate funds once an account exists, and keep receipts.
  • Do not start the cleanout yet. Heirs may disagree over what is kept, and some items may be needed for the inventory the personal representative has to file. Photograph and wait. See whole house cleanout for the order to do it in.

Who can sell the house: probate in plain words

A house in the parent’s sole name goes through probate. If the house is held in a trust or jointly with a right of survivorship, it may not. Mass.gov says typically you must probate an estate to change title to real estate that is only in the decedent’s name (Mass.gov).

The usual path:

  1. Find out who has priority to serve as personal representative. With a will, it is the person named in the will. Without a will, it is the surviving spouse, then the heirs.
  2. File in the Probate and Family Court for the county where your parent lived. For the towns we cover that is Middlesex County (Melrose, Malden, Medford, Stoneham, Wakefield) or Essex County (Saugus, Lynn, Peabody).
  3. Informal probate costs $375 plus a $15 surcharge. A magistrate can issue an order as soon as 7 days after the death if the paperwork is in order. Formal probate (a judge, sometimes a hearing) costs $375 plus $15 plus a $15 citation fee (Mass.gov).
  4. Once appointed, the personal representative can sign the sale. For an estate with no will, or a will that does not give the power to sell, the court may need to grant a license to sell real estate under M.G.L. c. 202.

Full detail is in probate in Massachusetts: informal vs formal and the executor checklist. A probate attorney is worth a call, especially if there is a mortgage, no will, or more than one heir.

A 30-day, 90-day and one-year timeline

Typical order of events. Dates run from the date of death unless noted.
WhenWhatSource or note
Days 1 to 7Order death certificates, lock the house, call the insurer, find the will, report the death to Social SecurityMass. Registry, USAGov
Day 7 or laterEarliest an informal probate order can issue (notice to heirs goes out at least 7 days before filing)Mass.gov informal probate guide
Days 7 to 30Meet a probate attorney, gather the original will, death certificate and list of heirs, file the petitionMass.gov
Within 30 days of the court accepting an informal petitionPost the publication notice in a designated newspaperMass.gov informal probate guide
Days 30 to 90Get appointed, open an estate bank account, get an EIN, start the inventory, decide how to handle the contentsIRS Pub. 559 (EIN)
Within 3 months of appointmentInventory of the estate property with date-of-death values, sent to heirs or filed with the courtM.G.L. c. 190B s. 3-706
9 months after deathMassachusetts estate tax return and payment due, only if the gross estate is over $2 millionMass. DOR estate tax guide
1 year after deathCreditors generally cannot sue the personal representative after this date, with exceptionsM.G.L. c. 190B s. 3-803
3 years after deathGeneral deadline to start probate; a late and limited proceeding is possible after that, but it cannot license a sale of real estateMass.gov

A house can usually be listed or put under contract once the personal representative is appointed and holds the power to sell. The 1-year creditor date is not a reason to hold the house: ask the attorney whether the estate can sell and keep the proceeds in the estate account until claims are settled.

The sale decision: keep, sell as-is, or list

Once someone has authority, you have a choice. The comparison of selling as-is to a cash buyer, listing with an agent, or clearing first is already laid out at inherited or probate house, so we will not repeat it here. A few points specific to a parent’s house:

  • Carrying cost is real. Property tax, insurance, utilities, lawn and snow all continue. Add them up per month before deciding to wait. The net proceeds calculator helps with the sale side.
  • Taxes on the sale are usually small. Heirs generally get a stepped-up basis to the value at the date of death, which often leaves little gain. See inherited house taxes and stepped-up basis.
  • MassHealth may be owed money. If your parent received certain MassHealth long-term care benefits, the state may file a claim against the probate estate, which includes the house. See the MassHealth estate recovery FAQs. Ask the estate attorney before you distribute anything.
  • Heirs can disagree. One heir wants to keep it, another wants cash. Settle this before listing, with the attorney in the room.

If you want a number for an as-is sale without listing, you can compare a cash offer with listing at the comparison tool. Home Options MA is a referral service, not a broker, and does not buy houses.

Questions

Common questions.

Can I sell my parent’s house before probate is finished?

Generally only someone with legal authority can sign the deed, usually a court-appointed personal representative. That authority can come quickly in a simple informal probate. Some estates list the house while appointment is pending and set the closing for after it. Ask a probate attorney what applies to yours.

How many death certificates do I need for a parent’s estate?

There is no fixed number. Count each bank, brokerage, insurer, retirement plan, the court, the registry of deeds and the DMV, and ask whether each keeps or returns the copy. By mail the state charges $32 per copy; online or by phone it is $54 for the first and $42 for each extra copy.

Do I have to open probate if the house has no mortgage?

If the house is only in your parent’s name with no right of survivorship, you generally need probate to change title, whether or not there is a mortgage. If it was in a trust or joint with survivorship, it may pass without probate. Mass.gov explains the difference on its page on when probate is necessary.

Who pays the property tax and utilities while the house sits?

The estate owns the house and owes them. The personal representative pays them from estate funds once there is an estate account. Before that, family members often advance the money and keep receipts for repayment. Tax bills are still due on the normal schedule.

Do I have to clear the house before I list it?

Usually it sells better empty and clean, and a listing or a cash buyer may both want it cleared. But do not start until the heirs have agreed on what stays and the personal representative has photographed the contents for the inventory.

Selling? Add drone photos

Show the whole property.

Aerial photos show the lot, the yard, the roofline and the neighborhood in a way street photos cannot. Many sellers add them to a listing, and they are a short, inexpensive shoot (typically $250 to $900).

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