Can You Sell a House During Probate in MA That’s Still in Your Parent’s Name?

Losing a parent is one of the hardest moments in life. On top of grief, you may suddenly face legal responsibilities tied to your loved one’s estate. If your parent’s house is still in their name, questions often arise: Can you sell a house during probate that’s still in your parent’s name? What if family members disagree on a sale? These are natural concerns, and knowing how Massachusetts probate law works will help you decide the best path forward.

What Probate Means in Massachusetts

Probate is the legal process that oversees how an estate’s property and debts are handled after someone dies. The Probate and Family Court in Massachusetts supervises the probate process. The court makes sure debts are paid, estate assets are managed, and the remaining property is distributed to beneficiaries.

Massachusetts uses the Uniform Probate Code under Mass. Gen. Laws ch. 190B, which sets out rules for handling estates.

Selling a House in Probate: Is It Allowed?

Yes, you can sell a house during probate in Massachusetts, but only under court supervision. Until the probate court appoints a personal representative (sometimes called an “executor”), no one has legal authority to transfer or sell real property in the estate. The court may appoint the person named in the will, or if there is no will, it will select an eligible family member or other qualified person to serve.

Who Actually Has the Authority to Sell, and How It Works

Once appointed, the personal representative receives Letters of Authority, the legal document that empowers them to act on behalf of the estate. With that authority, the personal representative can:

• List the house for sale
• Negotiate and accept offers
• Petition the court for a License to Sell
• Sign the deed and complete the transfer of title

The probate court supervises this process to confirm that the transaction is fair, that estate debts are addressed, and that beneficiaries’ interests are protected. In practice, the personal representative typically lists the house, secures an offer, and then seeks court approval before closing.

The License to Sell Requirement

The court’s approval to sell is called a License to Sell. Under G. L. ch. 202, §§ 32–38, the court issues this decree to authorize the transaction.

The decree must include a description of the property and sale terms, and the license is often valid for only one year. If terms change, the personal representative may need to petition again. This oversight protects both beneficiaries and creditors.

How Debts, Taxes, and Obligations Affect a Probate Sale

One of the biggest concerns is whether you can sell before paying all the debts. Under Massachusetts probate law, the estate must pay debts, legal obligations, and taxes before final distributions. These include:

• Debts of the decedent (credit cards, mortgages, medical bills)
• Federal estate taxes, if the estate value exceeds federal thresholds
• Massachusetts estate taxes
• Income taxes owed by the deceased person or the estate

The personal representative is responsible for ensuring these debts and taxes are paid before distributing assets. In some estates, selling the house may be necessary to cover these costs if the estate lacks sufficient cash. While probate lawyers in Worcester, MA can guide the process and handle the legal filings, the obligation to settle debts falls on the personal representative.

When Buyers May Resist or Delay

Because probate adds uncertainty, some buyers shy away from such properties. The need for court approval, deadlines, or the chance of higher offers surfacing can make offers less competitive.

In some cases, a buyer makes an offer, but a stronger offer comes in before the court approves the sale. Massachusetts law expects the personal representative to consider the new offer in good faith. This protects the estate but also creates challenges for buyers. Transparency and court oversight balance those interests.

What If Beneficiaries or Family Members Object?

Disagreements are common when family members want different outcomes. Some may wish to keep the house, while others prefer to sell. If disputes arise, the probate court has the final say. Judges weigh the estate’s obligations, the will’s instructions, and the personal representative’s duties.

These conflicts can stall the probate process and delay final distributions. A probate attorney can represent you in court, file petitions, and advocate for a fair resolution.

When You Should Involve a Probate Attorney

When real estate is involved, the probate process becomes more complex. A probate attorney can:

• File petitions and other legal documents with the probate court
• Advise on estate assets, debts, and state laws governing probate
• Draft or review the petition for License to Sell
• Negotiate with buyers and maintain compliance with the legal process
• Represent your interests if disputes reach the courtroom

Working with a probate lawyer also provides peace of mind that the estate is handled properly under Massachusetts law.

Protect Your Family’s Interests When Selling a Probate Property

If you’re facing the challenge of selling your parent’s house during probate, it helps to have the right guidance. At The Law Office of Polly Tatum, we represent clients in Worcester and throughout Massachusetts in probate law, estate administration, and estate planning. Probate lawyer Polly Tatum brings more than 24 years of experience in estate law, working directly with clients to manage estate property, probate court filings, and family disputes.

We offer fixed-fee probate services, in-person and virtual consultations, and practical advice tailored to your loved one’s estate. Call (508) 795-1557(508) 795-1557 today or complete our confidential online form to schedule your Strategy Session.

At the Law Office of Polly Tatum, we’ll help you PROTECT WHAT MATTERS MOST!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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Worcester, MA 01609
(508) 795-1557(508) 795-1557
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