Massachusetts probate law gives personal representatives broad authority to sell inherited property. The path from death to closing can be as short as 30–60 days — if you know the process and work with the right buyer.
In Massachusetts, real estate owned solely by the deceased (not jointly or in trust) cannot be transferred without establishing legal authority through probate. This is governed by the Massachusetts Uniform Probate Code (MGL Chapter 190B), which took effect in 2012 and modernized the state's probate process. The key entity is the Personal Representative — the person appointed by the court to administer the estate, who has the legal authority to sign deeds and close property transactions.
Unlike some states, Massachusetts does not require court approval for every sale of estate property. Once the Personal Representative is appointed and has proper authority under the Letters Testamentary (testate) or Letters of Administration (intestate), they can list, accept offers, and close a home sale — including signing the deed — without going back to court for each transaction. This significantly streamlines the timeline for sellers.
File a Petition for Appointment of Personal Representative with the Probate and Family Court in the county where the decedent lived. In Massachusetts, this is done at the county level (Middlesex, Norfolk, Suffolk, Bristol, etc.).
The court appoints a Personal Representative (formerly called 'executor' for testate estates or 'administrator' for intestate). Informal probate can be completed quickly — sometimes within 1–2 weeks of filing if there's no contest.
The personal representative must inventory the estate's assets, including the real property. For the house, a licensed Massachusetts appraisal establishes fair market value for both estate tax purposes and the stepped-up basis calculation.
MGL Chapter 190B requires notice to creditors. Creditors have a period to present claims against the estate — typically handled concurrently with marketing the property, not as a prerequisite to sale.
The personal representative has full authority to list and sell the property. A cash buyer can be presented with an offer at any point after appointment — closing can occur as soon as the personal representative signs the deed. No court approval is needed for the sale in most cases (unlike some other states).
If the total estate exceeds $2 million, a Massachusetts estate tax return (Form M-706) must be filed within 9 months of death. Estate tax must be paid before the estate is closed and distributed to heirs.
One of the most valuable aspects of inheriting property is the step-up in cost basisunder IRC § 1014. Your basis in the inherited property equals the fair market value of the property at the date of the decedent's death — not what they originally paid for it. This means:
We work with personal representatives, executors, and heirs throughout Massachusetts. Cash offer in 24 hours. Close as soon as you have legal authority to sign.
Call (401) 396-7427Get Cash Offer →If the deceased owned the property alone (not jointly or in trust), probate under MGL Chapter 190B is required. Informal probate is faster — the personal representative can be appointed and begin selling within weeks. No court approval is needed for each individual sale in most cases.
Informal probate can result in personal representative appointment within 1–2 weeks. Simple estates often have the property listed and under agreement within 30–60 days of death. A cash buyer closes as soon as the personal representative has legal authority.
MA estate tax applies to estates over $2 million (after 2023 reform; was $1 million). The estate tax is paid by the estate before distribution. The property is valued at fair market value at death. Surviving spouses are exempt.
Your basis steps up to fair market value at the date of death (IRC § 1014). If you sell near that value, capital gain is minimal or zero. MA taxes long-term gains at 5%, short-term at 8.5%.