When a loved one passes away without a will, families often worry that the house is “stuck,” that it cannot be sold, or that the process will drag on for years.
Fortunately, that is usually not the case.
In Massachusetts, real estate can still be sold when someone dies without a will. There are additional probate steps that must be completed before the sale can close, but with the right guidance, families can often begin preparing the property right away.
Understanding the process early can help families avoid delays, reduce carrying costs, and position the property for a smooth sale.
What Does It Mean to Die Without a Will?
When someone dies without a valid will, they are considered to have died “intestate.”
Because there is no will naming an executor or directing how assets should be distributed, Massachusetts law determines who inherits the estate, and the Probate and Family Court must appoint a Personal Representative to administer it.
First, Check How the Property Is Titled
Before assuming probate is required, it is important to confirm how the property was owned. Not every home passes through probate, even when there is no will. For example:
- Joint ownership with a right of survivorship. If the deceased owned the property with someone else as joint tenants or as tenants by the entirety (married couples), the property may pass directly to the surviving owner.
- Trust ownership. If the property was deeded into a trust, the successor trustee may be able to sell it without probate.
- Sole ownership. If the property was in the deceased person’s name alone, probate will generally be needed.
Reviewing the deed is often the very first step, and it can change the entire plan.
Who Inherits When There Is No Will?
Massachusetts intestacy laws set out who inherits. In general terms:
- Spouse and children (all children shared with that spouse): the surviving spouse generally inherits everything.
- Spouse and children from another relationship: the estate is generally divided between the spouse and the children.
- Children but no spouse: the children generally inherit equally.
- No spouse or children: the estate generally passes to parents, and if none, to siblings, and then to more distant relatives.
When several heirs inherit, they often own the property together, which means decisions about selling, pricing, and repairs typically require cooperation.
Can Real Estate Be Sold if There Is No Will?
Yes.
One of the biggest misconceptions we encounter is that real estate cannot be sold without a will. In reality, inherited properties are sold regularly in Massachusetts estates where no will exists.
The key is making sure the proper probate procedures are followed and that the person acting for the estate has the necessary authority to sign the deed.
Who Has Authority to Sell the Property?
Generally, a Personal Representative must be appointed by the Probate and Family Court before the property can be sold.
In an intestate estate, Massachusetts law gives priority for appointment to the surviving spouse and then to other heirs. Heirs often agree on who should serve and can sign assents, which can help the process move more smoothly.
Depending on the circumstances, the appointment may be handled through:
- Informal probate, an administrative process that can move relatively quickly when heirs are known and there is no dispute, or
- Formal probate, which is handled by a judge and is used when there are disagreements, missing or unknown heirs, minors or incapacitated heirs, or other complications.
The Personal Representative may also be required to post a bond. An estate attorney can explain which process applies and what will be required.
Is a License to Sell Required?
In many Massachusetts intestate estates, a License to Sell is required, because there is no will granting the Personal Representative authority to sell real estate.
Obtaining a License to Sell is often one of the key steps in moving an estate property toward closing. Heirs who are cooperative can typically assent to the request, which may help it proceed more efficiently.
While obtaining the necessary authority takes time, it does not mean families need to wait before making plans for the property. In many cases, the property can be prepared and even listed while the License to Sell is pending, with the sale structured accordingly. (For more detail, see our article What Is a License to Sell in Massachusetts, and Can You List a Property Before Obtaining One?)
What if It Has Been More Than Three Years?
Timing matters. In Massachusetts, the usual probate procedures are generally available within three years of the date of death.
If more than three years have passed without a probate case being opened, the process changes. The court may still confirm who owns the property, but the options can be more limited, and the path to a sale often looks different. In these situations, the heirs themselves may need to be involved in signing the deed.
If a family member passed away some time ago and the house was never dealt with, it is worth speaking with an estate attorney as soon as possible.
Protect the Property While Probate Is Underway
An inherited property, especially a vacant one, still needs attention while the legal process moves forward. Common issues include:
- Insurance. Many standard homeowner’s policies limit coverage when a home is vacant. Notify the insurance company of the death and ask whether a vacancy policy is needed.
- Utilities and heat. In Massachusetts winters, keeping the heat on or properly winterizing the home can prevent frozen pipes and major damage.
- Property taxes, mortgage, and water bills. These continue to accrue and should be tracked so they do not become larger problems.
- Security. Vacant homes can attract break-ins. Changing locks and checking on the property regularly can help protect its value.
You Can Begin Preparing the Property Immediately
One of the biggest mistakes families make is waiting until every probate issue has been resolved before speaking with a real estate professional.
In our experience, there are many productive steps that can be taken while probate is underway, including:
- Determining the property’s market value
- Reviewing title and confirming how the property is owned
- Identifying any mortgages, reverse mortgages, or liens
- Developing a marketing strategy
- Coordinating cleanouts and the distribution of personal belongings
- Evaluating repair needs and deferred maintenance
- Gathering documentation needed for a future sale
By the time the Personal Representative has been appointed and the necessary authority obtained, the property may be fully prepared for market.
How Long Does the Process Take?
Every estate is different. The timeline often depends on:
- Probate Court processing times
- Whether heirs agree and sign assents
- Whether a License to Sell is required
- Title issues
- Property condition
- The number and location of heirs, including heirs who live out of state
- Outstanding mortgages, reverse mortgages, or liens
While every situation is unique, early planning often results in a smoother and more efficient transaction once authority is obtained.
A Quick Checklist for Families
If a loved one has passed away without a will and owned real estate, consider these early steps:
- Obtain several certified copies of the death certificate.
- Locate the deed and any mortgage or reverse mortgage statements.
- Secure the property and notify the homeowner’s insurance company.
- Make a list of all heirs and their contact information.
- Speak with a probate attorney about opening the estate.
- Speak with an experienced real estate professional about value, condition, and timing.
We’ve Helped Families Through This Process
At Capital Realty Group, we have helped many Massachusetts families navigate inherited property sales where no will existed.
We have worked with estates involving multiple heirs, out-of-state family members, reverse mortgages, title issues, deferred maintenance, vacant homes, extensive cleanouts, and numerous other challenges that can arise after a death.
In our experience, families are often relieved to discover that while additional probate steps may be required, there is usually a clear path forward.
Need Guidance Regarding an Estate Property?
At Capital Realty Group, we regularly assist personal representatives, heirs, beneficiaries, trustees, and families with inherited, estate-owned, and trust-owned real estate throughout Massachusetts.
We understand the probate process, the practical challenges that often accompany inherited properties, and the steps needed to position a property for a successful sale. We work alongside probate attorneys, estate planning attorneys, trustees, and family representatives to help facilitate a smooth and efficient transaction.
Our goal is simple: help families understand their options, navigate the process efficiently, and move forward with confidence.
Related reading: Can You Sell an Inherited Property Before Probate Is Complete in Massachusetts? · What Is a License to Sell in Massachusetts? · Can Siblings Force the Sale of Inherited Property in Massachusetts? · What Happens to a Reverse Mortgage When the Homeowner Dies?
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. Our brokerage services do not create an attorney-client relationship.
