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Older two- and three-families

Inherited a two- or three-family in Massachusetts: probate and selling

If a parent left you a two- or three-family in Massachusetts, the first question is who has the legal power to sell. A house in the dead person's sole name can only be sold by a court-appointed personal representative who has that power, so probate usually comes first. The tenants stay, rent keeps coming in, and each security deposit has to be accounted for. You have no deadline to sell, but waiting costs: taxes, insurance, repairs and, past 3 years, a harder road to a sale.

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Updated November 3, 2026. Facts checked November 3, 2026 against the sources listed at the bottom. General information, not legal, tax or financial advice.

Who can sellThe personal representative, with the power to sellMass.gov probate guidance; see our probate guide
Start probate within3 years of the death for the easy road to a saleMGL c.190B s.3-108
Estate tax returnEstates over $2,000,000, deaths on or after Jan 1, 2023Mass.gov Estate tax
Deposits on deathTransferred to the successor ownerMGL c.186 s.15B

First: who can sign the deed

Real estate held only in the dead person's name usually needs probate before it can be sold. The court appoints a personal representative (the old word was executor), and a sale needs a representative who has the power to sell. Informal probate has no hearing; formal probate goes before a judge. See probate in Massachusetts: informal vs formal and the executor checklist.

The general rule is that probate has to be started within 3 years of the death; after that, a late and limited representative cannot get a license to sell the real estate. Do not let a building sit.

If the deed names the heirs together, or the property was in a trust, the route is different. Ask an estate attorney, because the answer turns on the deed.

The tenants during the estate

Tenants have rights whether or not the owner is alive. Keep collecting rent, keep the building insured, and keep the heat and repairs going. The deposit law covers a transfer "by sale, assignment, death... or otherwise": each deposit and its interest must go to the successor owner (MGL c.186 s.15B). Do not mix deposits with estate money. See selling with tenants in place.

Do not try to clear the building because the owner has died. Tenancies at will have notice rules (MGL c.186 s.12) and written leases continue.

Your options

OptionWhat it meansWatch for
Sell during probateThe personal representative lists or sells with the power to sellOther heirs, creditors' claims, a timeline set by the court process
Keep and rentThe estate or the heirs keep the building and the rentInsurance for a building you do not live in, repairs, lead rules for a rental (sell or rent calculator)
Heir buys out the othersOne heir takes the building and pays the rest their shareNeeds a valuation and financing; talk to an attorney

Taxes that matter for a building

  • Estate tax: a Massachusetts estate tax return is required when the gross estate is over $2,000,000 for deaths on or after January 1, 2023 (Mass.gov). A building can push a modest estate over the line.
  • Capital gains: heirs generally get a stepped-up basis to the value at death, which can leave little or no gain if you sell soon. See inherited house taxes and stepped-up basis.
  • Deed excise tax: $4.56 per $1,000 of price, normally paid by the seller (guide).

Lead paint and an old building

If the building was built before 1978, the lead notice goes to the buyer before the P&S is signed, and the new owner has 90 days to delead or reach Interim Control if a child under 6 will live there. You do not have to remove lead to sell. See lead paint when you sell.

Emptying the owner's unit and the basement

An inherited building often has a full owner's unit, attic and cellar. JUNKRUN is owned by the same people as Home Options MA. If you choose a cleanout, we may earn money from it. No obligation to use it. See JUNKRUN estate cleanouts. No obligation. Do not throw away papers until the attorney has seen them; leases, rent records, deposit records and tax bills matter to the sale. See also whole-house cleanout.

Questions

Common questions.

Can I sell an inherited triple-decker before probate is finished?

Only a personal representative with the power to sell can sell property held only in the dead person's name. Many sales happen during probate, once that power is in place. Ask the estate attorney.

What happens to the tenants when the owner dies?

Their tenancies continue. Rent is still due, the landlord duties continue, and the security deposits must be passed to the successor owner. Do not try to clear the building.

Do I owe estate tax on an inherited house?

Massachusetts requires an estate tax return only when the gross estate is over $2,000,000 for deaths on or after January 1, 2023 (Mass.gov). A federal return has its own threshold; ask the attorney or a CPA.

Do I owe capital gains tax if I sell?

Heirs generally get a stepped-up basis to the date-of-death value, so a quick sale often has little gain. Rental depreciation taken by the owner is a separate topic; ask a CPA. See the stepped-up basis guide.

What if the building needs lead work?

You do not have to do it to sell. The lead notice goes to the buyer, and the buyer has 90 days after taking title to delead or reach Interim Control if a child under 6 will live there.

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