One of the first questions families ask when a house is part of an estate is simple: can we sell it now? In Massachusetts, the answer often depends on whether the personal representative needs permission from the Probate and Family Court, called a License to Sell.
Here’s how it generally works, and what it means for your timeline.
First, someone needs authority to sign
Before any estate property can be sold, the Probate and Family Court has to appoint a personal representative (sometimes still called an executor or administrator). That person signs the listing agreement, the purchase and sale agreement and the deed on behalf of the estate. Until the appointment is made, no one has authority to sell.
When there’s a will with a power of sale
Most wills give the personal representative the power to sell the decedent’s real estate. When the will includes that power, a License to Sell is usually not required. Once the court allows the will and appoints the personal representative, the property can be sold without going back to court for permission.
When there’s no will, or no power of sale
If the person died without a will, or the will doesn’t give the personal representative power to sell, the estate generally needs a License to Sell. The personal representative petitions the court for permission to sell the property, usually at a specific price, and the court decides whether to grant it.
When all of the heirs or beneficiaries agree and sign assents to the sale, the process is usually smoother and faster. If someone objects, it can take longer.
How long does it take?
It varies. Depending on the court, the paperwork and whether everyone agrees, a License to Sell can take anywhere from a few weeks to several months. Because the timing can affect a closing date, it’s worth planning for it from the start.
Can you list the house before the license is granted?
Often, yes. Preparation, pricing and marketing can usually begin while the license is being obtained, and a purchase agreement can be written so the sale depends on the court’s approval. The buyer’s attorney and the title company will want to see the license before closing, so the timeline needs to account for it.
What about property held in a trust?
If the home was held in a trust, it usually doesn’t go through probate at all. The successor trustee typically has authority to sell under the terms of the trust, without a License to Sell. We cover that in What Happens to Real Estate Held in a Trust After the Parents Pass Away?
Work with the estate’s attorney
Every estate is different, and the rules can turn on the exact wording of the will and the type of appointment. The estate’s attorney handles the court filings. As your real estate broker, we work alongside the attorney so the listing, the offer and the closing line up with the court process. (Mike is an attorney, but through Capital Realty Group he acts as your real estate broker, not as the estate’s lawyer.)
How we help
Capital Realty Group helps personal representatives, trustees and families sell estate and inherited property throughout Greater Boston. We help you understand the timeline, prepare and price the home, and coordinate with the estate’s attorney from listing to closing.
If you’re settling an estate and have questions about selling the house, call or text (508) 395-8333 or contact us. You can also learn more about our probate and estate real estate services, or read Getting an Estate Property Ready to Sell in Massachusetts.
