Selling an Inherited Property in Massachusetts

Inheriting a home in Massachusetts often brings emotional complexity and legal responsibility. Whether you're an heir, executor, or personal representative, selling an inherited property requires careful coordination across probate law, tax considerations, and real estate best practices.

This guide walks you through each step—how to navigate probate, when a License to Sell is required, and how to price the property for a successful sale.

Step 1: Determine If Probate Is Required

Scenario	Details
❌ No Probate Required	Held in a revocable living trust Owned jointly with rights of survivorship Owned by a married couple as tenants by the entirety
✅ Probate Required	Owned the property alone Did not place the property in a trust No transfer-on-death (TOD) beneficiary named

🔎 Source: Mass.gov – Probate Overview

Step 2: Become the Personal Representative

Task	Description
Personal Representative (PR) Role	The PR (executor or administrator) is responsible for managing the estate, including the authority to sell the property.
Obtain Letters of Authority	You must receive this court-issued document before signing a listing agreement or transferring title.

Step 3: Understand When a License to Sell Is Required

Situation	License to Sell Required?
Will grants PR power of sale	❌ No
Property held in a trust or jointly owned	❌ No
No will or no power of sale granted	✅ Yes

How to File:

• Submit Petition for Sale of Real Estate (MPC 210) to Probate Court
• Notify all interested parties
• Receive Decree on Petition (MPC 794) before proceeding
• Property must sell for amount stated in petition or request an amended decree

🔎 Source: Mass.gov – License to Sell Forms

Step 4: Get a Property Valuation – CMA vs. Appraisal

Valuing the property correctly is critical, but the type of valuation depends on the purpose.

Valuation Type	Best For	Details
CMA (Comparative Market Analysis)	Listing Price	Free & quick analysis by real estate agent based on recent local sales
Formal Appraisal	Legal/Tax Requirements	Used for estate tax filing, License to Sell, and capital gains step-up basis

Pro Tip: For estate and tax purposes, request a “date of death appraisal.”

🔎 Sources: Mass.gov Estate Tax Guide

🔎 Other Sources: REBA.net, Investopedia

Step 5: Clean Out and Prepare the Property

Step 6: List the Property with a Probate-Experienced Agent

Step 7: Accept an Offer and Close

What You Must (and Don’t Have to) Disclose

Massachusetts is a “buyer beware” state. You’re only required to disclose certain things:

Disclosure Item	Required?
Known Defects	❌ No (unless asked directly)
Lead Paint (pre-1978 homes)	✅ Yes (Federal Law)
Septic System (Title 5)	✅ Yes
Death in the Home	❌ No (unless asked)

🔎 Verified Source: Nolo.com – MA Seller Disclosures

Timeline: How Long Will It Take?

Step	Time Estimate
File probate + receive authority	4–8 weeks (or longer)
Petition for License to Sell	3–6 weeks
Listing, offers, and closing	45–60 days
Total (with probate)	9–18+ months
Total (no probate required)	4–8 weeks

Common Pitfalls to Avoid

Conclusion

Selling an inherited property in Massachusetts is as much a legal process as it is a real estate one. From understanding probate and licensing rules to choosing the right valuation method, each step impacts how smoothly the transaction proceeds.

By staying informed and partnering with an agent who understands probate, disclosure requirements, and pricing strategy, you’ll avoid costly delays and maximize the estate’s value. Don’t go it alone—lean on trusted professionals who can streamline the process.

Next Steps