What Happens to a House During Probate in Massachusetts?

When a loved one dies, questions about the house often come first. Who gets it? Can you sell it? What if there’s debt? If you’re the personal representative or a family member named in the will, the process may feel overwhelming, especially with court documents, deadlines, and decisions piling up.

In Massachusetts, what happens to a house during probate depends on several factors—how the property was titled, what debts exist, and whether the will gives clear instructions. This blog explains how the probate process works and how it affects assets, debts, property transfers, and family members.

When Does a House Enter the Probate Process?

If the decedent (person who died) owned the house in their name only and didn’t transfer it into a trust, the property becomes part of the probate estate. Probate is the legal process for transferring property and settling debts after someone dies.

When there’s a valid will, the named personal representative begins the proceeding by filing a petition with the court. (Note: In Massachusetts, the term “personal representative” is more commonly used instead of the older terms “executor” or “administrator.”) If there is no will, the court appoints someone to serve in this role and distributes the estate according to intestate succession rules.

Massachusetts follows the Uniform Probate Code, which governs how estates are administered.

What the Personal Representative Must Do

This person has many responsibilities. They must locate and protect estate assets, manage or sell real estate, pay debts, and distribute what remains. One of their first tasks is to file the necessary court documents to officially open the estate.

They must also pay ongoing bills like the mortgage, utilities, property taxes, and insurance. If the estate includes life insurance or accounts with named beneficiaries, those are often excluded from probate unless the estate is listed as the recipient.

The representative must also obtain property appraisals to determine the house’s fair market value. This affects how the estate is taxed and whether it has enough to satisfy all debts.

What Happens to the House?

A house might be:

• Transferred to a named beneficiary in the will
• Sold to divide proceeds among heirs
• Retained by a family member who buys out others
• Used to pay estate debts if needed

The probate court must approve these actions. Even if the will says someone should receive the house, the estate may need to sell it first if there are outstanding debts or tax obligations. If the house is sold, the personal representative handles the sale and ensures timely payment of estate-related expenses.

Paying Debts, Fees, and Taxes

Before a home is transferred or sold, the personal representative must pay all the debts owed by the estate. These can include credit cards, medical expenses, mortgage balances, or loans secured by the property.

Fees associated with probate, including court filing fees, attorney fees, and appraisal costs, are paid from the estate. Massachusetts requires an estate tax return if the total taxable estate exceeds $2 million, including all real and personal property. Depending on the property’s value and how it’s sold or transferred, income taxes may apply as well.

If the estate lacks enough liquid assets, the house may be sold to cover these expenses.

Real Estate in Other States

If the decedent owned real property outside Massachusetts, you’ll likely need to open an ancillary probate case in that state. That’s because property is governed by the laws of the state where it sits, regardless of where the decedent lived.

Working with a probate attorney who understands multistate property issues can help you avoid legal delays and complications.

Transferring Property Through Probate

When a house is being transferred to an heir or beneficiary, the personal representative must:

• File a petition with the probate court
• Prepare a new deed
• Record that deed with the correct registry of deeds
• Notify creditors and meet all statutory deadlines

Selling the property involves listing it, accepting offers, closing the sale, and using proceeds to pay off debts or distribute to beneficiaries. The court may require notice to interested parties before authorizing a sale.

The Role of Probate Lawyers in This Process

When a house is involved, probate often becomes more complicated. You may need to file court documents, address creditor claims, transfer title, or deal with liens that affect the property. A probate lawyer can walk you through each of these steps and help avoid common delays or errors.

Attorney fees are typically paid from estate assets and may be reviewed by the probate court to confirm they are reasonable, especially in formal proceedings or when objections are raised. Many attorneys charge either hourly or flat fees for uncontested estates, and some firms offer fixed pricing for routine matters. This helps families plan legal costs with more predictability.

If you’re not sure how to proceed, a probate lawyer can review the will, deed, inventory of estate assets, and any outstanding debts to determine the best course of action. Lawyers who focus their practice in probate and estate law are often well-equipped to handle complex property issues and out-of-state real estate.

What About Assets That Don’t Go Through Probate?

Not every asset passes through probate. Life insurance, retirement accounts, and bank accounts with named beneficiaries often transfer directly. Likewise, homes owned in joint tenancy with rights of survivorship typically go to the surviving owner automatically.

However, if the beneficiary is the estate itself or the property was held solely in the decedent’s name, probate is required. A probate lawyer can review all relevant documents to identify what’s part of the estate and what isn’t.

FAQs About Homes and Probate in Massachusetts

Q: What’s the first step after someone dies?

A: You’ll need to file a petition with the probate court to begin the legal process. This includes submitting the will, listing the assets, and requesting to be appointed as the personal representative.

Q: What happens to the house if there’s no will?

A: The property passes under Massachusetts intestate succession rules. If there’s no will, a surviving spouse may inherit the entire estate or share it with children or other relatives, depending on who survives the decedent. You can review the full hierarchy under M.G.L. c. 190B, § 2-102.

Q: How long does it take to transfer a house through probate?

A: Informal probate might take 9-12 months, but creditor claims or property sales can extend that timeline. Formal probate or disputed cases often take a year or longer.

Q: Are families responsible for paying the mortgage during probate?

A: The estate is responsible for payments while probate is open. If those payments are missed, foreclosure is possible, so many families choose to sell or refinance quickly. In some cases, the personal representative may need court approval to sell the home or use estate funds to continue mortgage payments.

Q: Can probate be avoided if the house is in a trust?

A: Yes. If the property was placed in a properly funded trust before death, it may bypass probate entirely. This is one reason many families seek legal advice while planning ahead.

Q: Do all debts need to be paid before the house is transferred?

Yes. The estate must settle all debts and expenses, including payment of outstanding bills and taxes, before transferring property or distributing estate assets.

Begin the Probate Process in Massachusetts with Support You Can Trust

The house your loved one left behind doesn’t have to create confusion or conflict. At The Law Office of Polly Tatum, we understand the emotional and financial weight that comes with probate. Whether you’re filing the first court documents, transferring property, or settling debts, we assist clients with every stage of the probate process, from reviewing the estate plan to distributing property and completing required filings.

Probate attorney Polly Tatum brings more than 24 years of experience helping families through the probate process. She offers strategy sessions, fixed pricing, and both virtual and in-person options.

Call (508) 795-1557(508) 795-1557 or fill out our confidential online form to schedule your Strategy Session.

Looking for additional guidance before you commit to a plan? Visit our events page to see upcoming workshops and webinars hosted by Attorney Polly Tatum.

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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