Selling · Massachusetts
Selling an inherited home in Massachusetts: options and steps
By Damon Amato, MA real estate salesperson and developer · Updated · 9 min readShort answer
Who can sell depends on how the home was owned. A trustee sells a home held in trust; a surviving joint owner usually owns it outright; a home in the deceased person's name alone goes through probate, where the Probate and Family Court appoints a personal representative. That person can sell only with a power of sale in the will or a license to sell from the court. Then the heirs choose: sell as-is, repair first, let one heir buy the others out, or keep and rent it.
This guide explains the usual process so you can ask better questions. It isn't legal or tax advice. A probate attorney should confirm who has authority to sell before you sign a listing agreement or accept an offer.
Step 1: Find out how the home was owned
Pull the most recent deed from the Registry of Deeds (most are searchable online) and look at how title is held.
- In a trust. The successor trustee usually has authority to sell under the trust document, without probate. The buyer's attorney will want to see a trustee certificate.
- Joint tenants or tenants by the entirety. The survivor generally becomes the sole owner. A death certificate and an affidavit are recorded, and the survivor can sell.
- Tenants in common, or the deceased person's name alone. That share or the whole home passes through the estate, which usually means probate.
- A life estate. When the life tenant dies, the property passes to the remainder owners named in the deed.
Step 2: If it's in probate, get authority to sell
Massachusetts probate is handled by the Probate and Family Court under the Massachusetts Uniform Probate Code. The court appoints a personal representative through an informal or formal proceeding, depending on the estate and whether anyone objects.
Appointment alone isn't enough to sell real estate. Massachusetts didn't adopt the uniform code's general power to sell land, so the personal representative needs either:
- a power of sale in the will, which can be used once the will is allowed and the representative is appointed, or
- a license to sell from the court, requested by petition, when there's no will or the will doesn't grant the power.
You can often list and market the home while the license is pending, as long as the purchase agreement is made subject to the court's approval and everyone understands the timeline. Your attorney will advise on what's appropriate in your case.
Step 3: Understand the tax picture
- Massachusetts estate tax. For deaths on or after January 1, 2023, an estate must file a Massachusetts estate tax return if the gross estate (plus adjusted taxable gifts) is more than $2 million. A $99,600 credit reduces the tax, so estates just over that level owe little. The threshold isn't adjusted for inflation.
- The estate tax lien. A Massachusetts estate tax lien arises automatically on property in the estate at death. Before closing, the buyer's attorney will usually require the Department of Revenue's certificate releasing the lien, or proof that one isn't needed, so start that paperwork early.
- Capital gains. Heirs generally receive a "stepped-up" tax basis equal to the property's value at the date of death. If the home sells soon for about that value, there may be little taxable gain. Keep a date-of-death appraisal or market analysis; a CPA should advise on your situation.
Step 4: Protect the house while you decide
- Call the insurance company. Many homeowner policies limit coverage when a home is vacant. Ask what's needed to stay covered.
- Keep utilities on and the heat set to prevent frozen pipes in winter.
- Secure valuables and documents, and change the locks if many people have keys.
- Don't throw out paperwork until you've found the deed, tax bills, mortgage statements, septic records and any permits.
Step 5: Compare the options
| Option | When it fits | Watch out for |
|---|---|---|
| Sell as-is | The home needs significant work, heirs want a quick and simple result, or no one can manage repairs. | Buyers price in the work; get more than one perspective on the as-is value. |
| Fix selected items, then sell | A few repairs or clean-up would change how buyers see the home. | Who pays and gets reimbursed; keep receipts and agree in writing. |
| One heir buys out the others | An heir wants to keep the home. | Agree on value with an appraisal or market analysis; the buyer-heir needs financing. |
| Sell to a builder or investor | The land is worth more than the house, or the home needs a full renovation. | Test the open market; builder offers vary widely. |
| Keep and rent | The heirs want income and agree on management. | Landlord obligations, lead law for pre-1978 homes with children under six, and who decides what. |
When there are several heirs, the hardest part is often agreeing. One written analysis that everyone can see, showing the as-is price, the likely result after specific repairs and what each would cost, and what the land itself may be worth, takes much of the guesswork and tension out of the decision.
Step 6: The sale itself
The usual seller requirements still apply to estates and trusts: the smoke and carbon monoxide certificate, a Title 5 inspection if the home has septic, and the lead paint notification for homes built before 1978. Massachusetts sellers generally aren't required to complete a full condition disclosure form, but they must not misrepresent known facts and must disclose known lead paint information.
Common questions
Do I need to go through probate to sell an inherited house in Massachusetts?
Only if the home was in the deceased person's name alone, or as a tenant in common. Homes held in trust or with a surviving joint owner usually don't need probate to be sold.
What is a license to sell in Massachusetts probate?
A court order allowing the personal representative to sell estate real estate when the will doesn't grant a power of sale or there's no will.
Is there a Massachusetts estate tax on an inherited home?
For deaths on or after January 1, 2023, a Massachusetts estate tax return is required when the gross estate is more than $2 million, and a $99,600 credit reduces the tax. The buyer's attorney will usually require a release of the estate tax lien before closing.
Do heirs pay capital gains tax when they sell?
Heirs generally get a tax basis equal to the value at the date of death, so a prompt sale near that value may produce little gain. Ask a CPA about your situation.
One clear analysis for every heir
A free three-number report shows the as-is value, the likely value after specific repairs and their cost, and what the land may allow, in one document everyone can review.
Request your three-number reportSources
- Mass.gov, Learn about the types of probate for an estate
- Mass.gov, MUPC estate administration procedural guide: informal proceedings
- Massachusetts General Laws c. 190B, §3-715 (powers of personal representatives)
- Massachusetts General Laws c. 202 (sales of real estate by personal representatives)
- Mass.gov, Massachusetts estate tax guide
- IRS Topic No. 703, Basis of assets
Sources checked 2026-11-09. This guide is general information, not legal, tax or financial advice.