When a loved one passes away, the person responsible for handling the estate or trust often lives hundreds or even thousands of miles away. A parent may own a home in Massachusetts, while the Trustee or Personal Representative (formerly called an executor) lives in Florida, Texas, North Carolina, California, or elsewhere.
One of the first questions we hear is: “How am I supposed to sell a Massachusetts property when I don’t live there?”
The good news: it is simpler than most people expect. In most cases, you never need to come to Massachusetts at all.
The Short Version
Selling from out of state usually comes down to four things:
- Put a trusted local team in place, primarily an attorney and a real estate broker.
- Sign a few documents where you live, in front of a notary, and mail them back.
- Review and approve the final numbers on a settlement statement emailed to you before closing.
- Receive the proceeds by wire or overnight check, payable to the trust or estate.
That’s it. The rest of this article walks through each step.
Step 1: Build Your Local Team
The most important thing an out-of-state Trustee or Personal Representative can do is put trusted Massachusetts professionals in place. At the core, that means two people:
- An attorney who handles the legal side: the trust or probate matters, title, and the closing.
- A real estate broker who handles the property: pricing, preparation, marketing, showings, and negotiating the sale.
From there, your team brings in everyone else you need, such as the closing attorney, title professionals, cleanout companies, contractors, and other local service providers.
A good broker also becomes your eyes and ears on the property. Photos, video walkthroughs, contractor access, and regular updates mean you can make informed decisions from home without traveling back and forth.
Who Has Authority to Sell?
If the property is in a trust, the trust document typically names a successor Trustee who takes over after the original Trustee dies. In many cases, the successor Trustee can act right away under the terms of the trust. There may be some routine Registry of Deeds filings, such as a Trustee’s Certificate or recording a death certificate, but these are administrative steps that rarely cause meaningful delay. Trust-owned property generally avoids probate, so there is no need to wait for the court. (See our article What Happens to Real Estate Held in a Trust After the Parents Pass Away?)
If the property was owned individually, the Probate and Family Court generally needs to appoint a Personal Representative before the property can be sold. Depending on the situation, a License to Sell may also be required. Your attorney handles the court process, and the court filings themselves can typically be completed without traveling to Massachusetts. (See our article What Is a License to Sell in Massachusetts, and Can You List a Property Before Obtaining One?)
Don’t Wait to Start Planning
A common misconception is that nothing can happen until every legal step is complete. In reality, a lot of work can begin right away:
- Determining market value
- Reviewing title
- Coordinating cleanouts
- Getting contractor estimates
- Evaluating repairs and improvements
- Preparing the property and a marketing plan
By the time authority is in place, the property is often ready to go.
Step 2: Signing Is Easy
This is the part that surprises people most. You do not need to come to Massachusetts to sign.
In Massachusetts, only a few documents typically require your original signature:
- The deed
- A Trustee’s Certificate (for trust sales)
- A Power of Attorney authorizing the closing attorney to sign the remaining documents for you
Your attorney prepares these ahead of time. You sign them in front of a notary where you live and mail the originals back to the attorney handling the closing.
Every other closing document is then signed by the closing attorney under the Power of Attorney.
You Don’t Need to Be at “the Closing”
Many people picture everyone sitting around a conference table on closing day. In Massachusetts, that is rarely how it works anymore.
It is now uncommon for any seller, whether selling their own home, as a Trustee, or as a Personal Representative, to attend a closing in person. Sellers almost always sign their few original documents in advance, and the closing attorney handles the rest under a Power of Attorney.
So selling from out of state is no different from how most Massachusetts sales already close.
Step 3: Review and Approve the Final Numbers
Before closing, the closing attorney will email you the settlement statement, which shows every number in the transaction, including:
- Sale price
- Mortgage or lien payoffs
- Real estate tax adjustments
- Closing costs
- Net proceeds
You review it and approve it before anything is final. Nothing closes on numbers you have not seen.
Step 4: Receive the Proceeds
After closing, the proceeds are sent by wire transfer or overnight check, payable to the trust or the estate, not to you personally.
A few practical tips:
- Set up the trust or estate bank account early so the funds have somewhere to go.
- Confirm wire instructions by phone using a number you already know. Never rely on wiring instructions sent by email alone, since wire fraud scams target real estate closings.
From there, you distribute the funds according to the terms of the trust or the estate administration process.
A Quick Checklist for Out-of-State Trustees and Personal Representatives
- Locate the trust document or will, and the deed.
- Contact a Massachusetts attorney to confirm your authority and next steps.
- Choose a real estate broker to evaluate the property and act as your local point of contact.
- Secure the property and confirm insurance coverage.
- Plan any cleanout and repairs.
- Sign and notarize the deed, Trustee’s Certificate, and Power of Attorney when they are ready.
- Review and approve the settlement statement.
- Receive the proceeds into the trust or estate account.
We’ve Helped Many Out-of-State Trustees and Personal Representatives
At Capital Realty Group, we regularly work with Trustees and Personal Representatives who live outside Massachusetts. We’ve helped clients through probate, trust administration, title issues, cleanouts, repairs, deferred maintenance, beneficiary coordination, reverse mortgages, and the many practical challenges of handling a property from another state.
Most families are relieved to learn they do not need to keep traveling back and forth. With the right attorney, broker, and closing team in place, these sales happen every day.
Need Guidance Regarding an Inherited Property?
At Capital Realty Group, we assist Trustees, Personal Representatives, beneficiaries, and families with inherited, trust-owned, and estate-owned real estate throughout Massachusetts.
Whether you live nearby or across the country, we can help you understand the process, coordinate with your attorney, prepare the property for sale, and guide the transaction from start to finish.
Related reading: What Happens to Real Estate Held in a Trust After the Parents Pass Away? · What Is a License to Sell in Massachusetts? · Can You Sell an Inherited Property Before Probate Is Complete? · Does Property Held in a Trust Need Probate in Massachusetts?
For a Free Consultation
Michael Lord
Phone: 508-395-8333
Email: [email protected]
About the Author
Michael Lord is a Massachusetts real estate broker, attorney, and owner of Capital Realty Group. He works with buyers, sellers, Trustees, Personal Representatives, and families involved in inherited, trust-owned, and estate-related real estate transactions throughout Massachusetts.
Capital Realty Group provides real estate brokerage services. This article is for general information only and is not legal advice. Every situation is different; consult a Massachusetts attorney about your specific circumstances. Our brokerage services do not create an attorney-client relationship.
