Start here: four questions that shape everything
If you are reading this, someone you care about has died and now there is a house. You do not have to answer everything today. Four questions decide most of what follows, so start with these.
- How is the house owned? A house in the person’s sole name usually has to go through probate before title can change (Mass.gov). A house held in a trust, or jointly with a right of survivorship, may pass without it. A copy of the deed from the registry of deeds answers this.
- Is there a will, and who does it name? The original will matters: informal probate needs it. The person named in it has priority to serve as personal representative. With no will, the law sets who has priority.
- Who are all the heirs, and do they agree? Agreement makes every step simpler. If they do not agree, read when the heirs disagree early, before anyone signs anything.
- Roughly how large is the whole estate? Massachusetts estate tax only comes into play above $2,000,000 in total (house plus everything else). Most families are well below it. See the estate tax page.
General information, not legal, tax or financial advice. A Massachusetts probate attorney and a CPA can apply it to your family. Where a decision has real money or legal risk in it, this page says so and points to the right professional. You can also call us on (781) 483-0510; we will tell you honestly when something is outside what we can help with.
How probate works in Massachusetts
Probate is the court process that gives one person the legal right to collect a dead person’s property, pay what is owed and pass on the rest. In Massachusetts it runs in the Probate and Family Court under the Uniform Probate Code (M.G.L. c. 190B). The person in charge is the personal representative. The old words, executor and administrator, still turn up.
Informal or formal
| Informal | Formal | |
|---|---|---|
| Who decides | A magistrate; no hearing | A judge; may involve hearings |
| Filing fee | $375 plus a $15 surcharge | $375 plus $15 surcharge plus a $15 citation fee |
| How soon | An order can issue as early as 7 days after death | Depends on the court calendar and on whether anyone objects |
| When it fits | Original will and death certificate in hand, every heir known, nobody objecting | A copy instead of the original will, unclear terms, a disagreement, or a minor or incapacitated heir |
Most uncomplicated estates qualify for informal probate. If you are not sure which applies, one meeting with an attorney answers it. The step-by-step version is in probate in Massachusetts: informal vs formal.
Voluntary administration does not cover a house
For a very small estate there is a shortcut called voluntary administration, but Mass.gov describes it as a simplified procedure for an estate with minimal assets and no real estate. To qualify the estate must be entirely personal property of $25,000 or less, excluding a car. A house is real estate, so an estate that includes one uses informal or formal probate instead.
Who can sign the deed: the personal representative
Heirs do not sign for the estate. The court-appointed personal representative does, and a buyer’s attorney will ask to see that authority. In Massachusetts it comes in one of two ways (M.G.L. c. 190B s. 3-715):
- The will gives the power to sell real estate. The personal representative can then sell without going back to court.
- A license to sell from the probate court. If there is no will, or the will does not give the power, the court that appointed the personal representative may grant a license to sell under c. 202 s. 6. It is a petition, not a surprise: ask your attorney to file it with the appointment papers if a sale is likely.
The 3-year limit. Probate generally has to start within 3 years of the death (c. 190B s. 3-108). After that, a late and limited appointment is possible, but Mass.gov says that personal representative cannot get a license to sell the real estate. A house that sits for years can lose the easy path to a sale.
A realistic timeline
| When | What happens | Source |
|---|---|---|
| Day 7 or later | Earliest an informal probate order can issue (written notice to heirs goes out at least 7 days before filing) | Mass.gov |
| Within 30 days of the court accepting an informal petition | Publication notice in a newspaper the register designates | Mass.gov |
| Within 3 months of appointment | Inventory of what the person owned, with date-of-death values, filed or mailed to interested persons | c. 190B s. 3-706 |
| 9 months after death | Massachusetts estate tax return and payment, only if the gross estate is over $2,000,000 | Mass. DOR |
| 1 year after death | Creditor lawsuits against the personal representative are generally barred after this, with exceptions | c. 190B s. 3-803 |
| 6 months or more after appointment | Earliest a personal representative can close the estate by sworn statement | c. 190B s. 3-1003 |
| 3 years after death | General deadline to start probate | c. 190B s. 3-108 |
We found no official statement of how long a whole estate takes. It depends on the court calendar, the creditors, the taxes and whether anyone disagrees. Ask the attorney for a range for your case rather than trusting a number from a website, ours included.
Which court
File in the Probate and Family Court for the county where the person lived. For most of the towns north of Boston we cover that is Middlesex Probate and Family Court (Woburn, main number (781) 865-4000) or Essex Probate and Family Court (Salem, (978) 744-1020). Hours and which registry takes which filing can change; check the court page on Mass.gov before you go.
Selling before probate closes, and after
Families often hear “you can’t sell until probate is over.” That is not how it works, and the difference can save months. There are really three moments, and the rules differ at each.
| Moment | Can the house be sold? | What to know |
|---|---|---|
| Before anyone is appointed | Not by an heir. Nobody has authority to sign the deed. | A deed signed without authority creates title problems. Some sellers sign a contract that depends on appointment and, if needed, a license to sell. Have an attorney write that language. |
| After appointment, estate still open | Yes, if the personal representative has the power to sell (in the will, or by license). | This is the normal window for a sale. The proceeds go into the estate account, not to individual heirs, until debts, taxes and expenses are dealt with. |
| After the estate is closed | The house has usually been sold or deeded to the heirs by then. | A personal representative may file a sworn closing statement no earlier than 6 months after appointment. If nothing is pending a year after it is filed, it generally cannot be challenged except for fraud or manifest error (c. 190B s. 3-1003). |
So the practical answer is: you wait for the appointment, not for the end of probate. A house can usually be listed or put under contract once the personal representative holds the power to sell. Closing the estate comes later, after the sale money has been used to settle what is owed and the rest is distributed.
Two things that can slow a closing
- The estate tax lien. At death a lien arises automatically on real estate, and DOR says a release may be required if a sale is pending. For an estate below the filing line the usual fix is an affidavit recorded at the registry of deeds. The details are on the estate tax page. Ask the attorney to start this before the buyer’s lender asks.
- Money owed to the state for care. If the person received certain long-term care benefits, MassHealth must seek to recover from the probate estates of members who were 55 or older, and that can include the house. Ask the attorney about it before any money is distributed.
When the heirs disagree
This is the most common thing that turns a straightforward sale into a long one, and it is rarely about the house. One heir wants to keep it, another needs cash, a third lives out of state and wants it done. Some principles, then the full page.
- Talk before anyone signs anything. A signed listing agreement, option or purchase contract from one heir can cause real trouble for the others.
- The attorney works for the personal representative or the estate, not for each heir. Heirs who want their own advice can hire their own lawyer.
- There are ways through. The heirs can agree to sell, one can buy the others out, the house can be kept under a written agreement, a neutral mediator can help, or, as a last resort, co-owners can ask a court for partition.
Read the full page: when the heirs disagree, and what partition means in Massachusetts.
Taxes: step-up in basis, estate tax and capital gains
Taxes worry people most and usually turn out smaller than feared. Three separate things are easy to mix up. The figures here are general; your CPA and attorney apply them to your case.
1. Step-up in basis: what you are taxed against
Basis is the number subtracted from the sale price to find the taxable gain. For an inherited house, IRS Publication 551 says it is generally the fair market value at the date of death, not what the person paid decades ago. If a house was bought for $120,000 and was worth $640,000 on the date of death, the basis is about $640,000. Get a written date-of-death appraisal early. The personal representative needs a date-of-death value for the inventory anyway, and the appraisal is the best proof of basis years later.
2. Capital gains when you sell
- Gain is roughly the sale price, minus selling costs, minus the stepped-up basis. A house sold near its date-of-death value often shows little or no gain, and can show a loss.
- The gain is long term no matter how long you held it. The IRS says that for an inherited capital asset the gain or loss is long term regardless of how long you held the property.
- Massachusetts taxes long-term gains at 5% (Mass.gov tax rates), plus a 4% surtax on total income above a threshold ($1,107,750 for 2026).
- The federal $250,000 home-sale exclusion needs that you owned and lived in the home for at least 24 of the last 60 months. If you never lived there, you generally do not qualify, and the step-up usually makes that unnecessary anyway.
Try your own figures in the capital gains calculator, and read inherited house taxes and stepped-up basis for who reports the sale (the estate or the heirs) and what happens if you sell for less than the date-of-death value.
3. Massachusetts estate tax: a tax on very large estates
The estate tax is paid by the estate, not by you as an heir, and only matters if the total estate is large. A Massachusetts return (Form M-706) is required if the gross estate plus adjusted taxable gifts is over $2,000,000 for deaths on or after January 1, 2023. The house counts toward that total along with bank and retirement accounts, insurance and everything else. A $99,600 credit reduces the tax. If the estate is under the line, no return is due, though there is still a small piece of paperwork about the lien (see above). How the estate tax works, with a worked example.
Talk to a professional here. Basis, who reports the sale, a possible estate tax return and the final income tax return for the person who died are CPA and attorney questions. A one-hour meeting before the house is listed costs far less than a mistake after.
What it costs to sell: the line-by-line list
Costs depend on the route you choose, so this is a checklist of what can appear, with the real figure where an official one exists and a clear label where it does not.
| Cost | Typical figure | Notes and source |
|---|---|---|
| Probate court filing | $375 + $15 surcharge (informal); plus $15 citation if formal | Mass.gov, read Nov. 8, 2026. Bond premiums and publication costs are extra. |
| Death certificates | $20 in person, $32 by mail, or $54 first / $42 each extra online or by phone | Mass. Registry of Vital Records, read Nov. 8, 2026 |
| Deed excise tax | $4.56 per $1,000 of the price ($2.28 per $500) | The rate Mass.gov publishes, charged per $500 or part of $500 (M.G.L. c. 64D s. 1); paid by the person who signs the deed (s. 2). Barnstable County is higher. On a $600,000 sale that is $2,736. |
| Agent commission | Negotiable. One Aug. 2026 survey average is 5.03% in total. | No law sets it. Industry source: Clever Real Estate. See realtor commission in Massachusetts. |
| Attorney | No official price list. One industry guide puts a flat fee for a simple closing at about $750 to $1,250. | Probate work is separate and varies; ask for a written estimate. Bar association referral services can match you. |
| Smoke and CO certificate | Local fee capped at $50 for a one-family home and $100 for a two-family | M.G.L. c. 148 s. 10A. Required on a sale. The certificate is valid for 60 days after it is issued. |
| Title 5 septic inspection | Price set by the inspector; we found no official figure | Needed within 2 years before a sale if the house has a septic system (Mass.gov). A failed system must be upgraded within 2 years. A transfer between parents and children or between full siblings does not need one. |
| Municipal lien certificate and water reading | Set by each town | See our seller certificates guide for the town office, fee and timing. |
| Cleanout | National average junk removal about $250 a job; a whole-house cleanout can run well past that | HireAHelper, 2026, an industry source. See whole house cleanout in Massachusetts. |
| Carrying costs until closing | Property tax, insurance, utilities, lawn and snow | Tax bills are due July 1 (c. 59 s. 57); late balances carry 14% a year (same section). |
To see what is left after all of it for your price, use the net proceeds calculator. For the full certificates picture, including who orders what and when, start at every certificate you need to sell in Massachusetts.
The house while you decide: insurance, utilities, winterizing and cleanout
Insurance on a vacant house
Call the homeowners insurer in the first week, tell them the owner has died, and ask in writing what happens to coverage while the house is empty. Industry sources say many policies limit or exclude coverage once a home has been unoccupied for typically 30 to 60 consecutive days, and the Massachusetts Division of Insurance lists a home that becomes vacant for more than 60 consecutive days as a change that can let an insurer cancel. Ask about a vacancy endorsement or a vacant-dwelling policy before that clock runs out. Do not cancel the existing policy until a replacement is in place.
Utilities and winterizing
- Keep the heat on. The Division of Insurance says most homeowners policies cover water damage from a burst pipe only if the home was properly heated and not left unoccupied. IBHS advises keeping the thermostat at 55 degrees or higher when you are away and, if you will be away more than a week in subfreezing weather, shutting off the water. Ask your plumber or insurer what is right for your house.
- Keep electricity on for the heat, a sump pump if there is one, and basic lighting. Put the utility accounts in the estate’s name once an account exists; until then, family members often advance the bills and keep receipts.
- Visit weekly. Check for leaks, pests, storm damage and mail. Ask a neighbor to watch the house too.
- Mail. USPS will forward a deceased person’s mail only to an appointed executor or administrator; a death certificate alone is not enough. Until then, collect it at the house.
Cleanout options
| Route | Good for | Watch for |
|---|---|---|
| Do it yourselves, with a dumpster | Families who want to go through everything and have time | Dumpsters can need a town permit. Mattresses and textiles are banned from the trash (MassDEP). Paint, batteries and chemicals go to an approved household hazardous product collection. |
| Junk removal by the truckload | A house already sorted, where you need things gone | Pricing is by volume. Get a written quote and confirm nothing of value is hauled by mistake. |
| Estate cleanout or estate sale company | Full houses and valuables you want sold, not dumped | Ask how they are paid. See how to run an estate sale. |
| Leave it for the buyer | An as-is sale, where the buyer takes the contents | Remove papers, valuables, medications and anything the heirs want first. Photograph everything before you start. |
Do not start clearing until the heirs agree on what stays and the personal representative has photographed the contents for the inventory. If you want a cleanout quote, the free home value tool is a good first stop so you know what the house is worth before you spend on it.
Your options, compared fairly
There is no single right answer for every family. Three common routes are below. Home Options MA is one of them, so we have tried to say plainly where each of the others is the better fit.
Usually the highest price
List with an agent
Best when the house is in decent shape, nobody is in a hurry, and the heirs want the most they can get.
Good about it
- Reaches the widest set of buyers
- Often the highest sale price
- An experienced agent handles showings and negotiation
Watch for
- Commission is negotiable but real (one Aug. 2026 survey average is 5.03% in total)
- Cleanout, repairs and showings take weeks or months
- You still pay carrying costs and wait for a buyer’s financing
Speed and certainty
Sell as-is to a cash buyer or investor
Best when the house needs work, heirs live far away, or a firm closing date matters more than the top price.
Good about it
- No repairs and often no cleanout
- Closing on your timeline
- Fewer showings and no financing contingency
Watch for
- Offers typically come in lower; one industry source says cash offers often net 8 to 14% below a market-priced listing
- Read every contract. The Attorney General settled a case over 40-year exclusive listing agreements. Never sign under pressure.
- Compare at least two offers in writing
An offer, an option, or an introduction
Sell to Home Options MA
Best when you want a real number with no prep and no showings, or time to finish probate before you commit.
Good about it
- A direct offer on the house as it is
- An option contract: a price agreed now for a closing window you set with your attorney
- Or introductions to independent buyers and agents if a sale on the open market suits you better
Watch for
- Like any cash route, an offer will usually be below what a fully prepared listing could bring
- We are not a broker or an agent, and an option or purchase contract is a legal document: have your attorney read it
- No obligation, and no pressure: you can ask for a number and say no
Whichever route you take, the legal requirements do not change: authority to sell, the smoke and CO certificate, a Title 5 inspection if there is a septic system, and a deed signed by the personal representative. The price changes; the paperwork mostly does not. To see numbers rather than adjectives, use the cash offer vs listing calculator, which shows every assumption, and read cash offer, iBuyer or agent.
Free tools to run the numbers
These use public records and published data, need no sign-up, and show where each number comes from.
- What is the house worth?Assessed value, last recorded sale and a trend-adjusted range for any Massachusetts address.
- Sell now or wait?Your ZIP code’s price history and what you would keep after costs, now versus later. Not a forecast.
- Net proceeds calculatorPrice in, commission, closing costs and deed excise out, with every line editable.
- Capital gains calculatorEnter the date-of-death value and sale price to see the gain and the tax.
Ready for a real number? Use the button on this page and put in the address, or call (781) 483-0510. You get a ballpark right away and an offer only if you ask for one. The contact page is there too if you would rather write.
Printable checklist: the first 30 days, for the house
This covers the house only. Tick items off as you go, or print it and keep it in the folder with the will. It is a practical order of work, not a legal requirement list, and some steps wait for the personal representative’s appointment.
The first 30 days after a death: the house (Massachusetts)
Days 1 to 3: make it safe
- Lock the house and find out who has keys (family, caregivers, contractors, tenants). Change locks if you are unsure. Photograph every room first.
- Order certified death certificates. Count the places that want one: each bank, insurer, the court, the registry of deeds, the DMV.
- Call the homeowners insurer. Say the owner has died, ask in writing what happens if the house is empty, and ask about a vacancy endorsement.
- Keep the heat and electricity on. In cold weather keep the thermostat at 55 degrees or higher.
- Move cash, jewelry, medications, checkbooks and papers to one locked place. If there are firearms, leave them secured and ask the attorney first: Massachusetts licensing rules apply.
Days 3 to 10: find the paperwork
- Find the original will (desk, safe deposit box, the drafting attorney). Do not staple, mark or alter it.
- Find the deed, trust papers, latest mortgage or home equity statement, tax bill, insurance policy and utility accounts. Make a one-page list.
- Check with the registry of deeds how the house is titled: sole name, joint with survivorship, or in a trust.
- Collect the mail at the house. USPS will only forward it to an appointed executor or administrator.
- Ask a neighbor to keep an eye on the house, and give them your number.
Days 7 to 21: get authority and advice
- Meet a Massachusetts probate attorney. Bring the will, a death certificate and the list of heirs. Ask about a license to sell if the will does not give the power to sell.
- Give heirs written notice at least 7 days before filing an informal petition. An informal order can issue as early as 7 days after the death.
- Do not sign a listing, option or purchase contract with anyone yet, and do not let anyone pressure you into one.
- Do not start the cleanout. Photograph the contents and keep a list for the inventory.
Days 14 to 30: set up the next steps
- Ask about a date-of-death appraisal of the house, in writing. It supports the inventory and the tax basis.
- Note whether the house is on town sewer or a septic system. If septic, a Title 5 inspection is needed within 2 years before a sale.
- Ask the attorney about the estate tax line ($2,000,000 total), a possible lien release, and any MassHealth claim.
- Write down when the next property tax bill and insurance payment are due, and who is paying them.
- Get a free ballpark of the house’s value from the home value tool, and decide nothing from it yet.
- After appointment: open an estate account, get an EIN, and put utilities and insurance in the estate’s name.
General information, not legal advice. Sources and the full guide: homeoptionsma.com/selling-an-inherited-house-massachusetts/ . Questions? (781) 483-0510.
Need the long version of any step? See what to do with a house after a parent dies and the executor checklist.