Selling an Inherited or Estate Home in Massachusetts

Who can sell, and when

Under the Massachusetts Uniform Probate Code (M.G.L. c. 190B), the personal representative appointed by the court acts for the estate. Whether a license to sell from the court is also needed depends on how the personal representative was appointed and what the will allows. The estate's attorney confirms this before the home is listed, so the P&S is signed by someone with authority to sign it.

Preparing an estate property

• Secure the home, keep insurance active and keep utilities on for showings and inspections.
• Decide with the heirs what to keep, donate or clear out before photos.
• Get the certificates any sale needs: smoke and CO certificate, a 6(d) certificate for condos, and Title 5 only if the home has a septic system.
• Decide between selling as-is and making targeted repairs, based on what buyers in the neighborhood expect.

Taxes the estate should review

Federal rules generally set the heirs' cost basis at the home's value on the date of death, which can reduce gain on a sale. Massachusetts estate tax applies to estates above $2,000,000. A tax advisor or the estate's attorney should review both before the sale.

Keeping heirs on the same page

Shared decisions go more smoothly when everyone sees the same numbers. The estimator below can include estate costs paid from the sale, so heirs can review the expected proceeds together before agreeing on a price.