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If you are an agent or seller working on an estate sale, this section is for you!

Taking Title From an Estate

Following is a breakdown of the various types of estate and timelines involved with selling real estate out of an estate.

We are adding a section daily!

Do we need an estate filed to sell the property?

Sellers are often confused about the status of the family home. When a family member passes away, the children are sometimes unaware of the estate plan that was in place.  They may have a copy of a will and think that they need to file an estate to transfer the property/  This may or may not be the case.  The question you should ask is: "Do you have a copy of the current deed?"  Sometimes the deed referenced by the City or Town is not the latest deed.  In another section, we will show how to look up the assessor's card and run the title through the registry of deeds to make sure you are viewing the most current deed to see how the title was held. 

  • Ask for a copy of the deed

  • Check the assessor's Card 

  • Run the names at the registry of deeds

  • Review the latest deed and see who the owner is

  • Double-check the tenancy to see what happens upon the death of the owner(s)

Is There a Will?

If there is a will, it is important that the will is provided to your attorney right away.  The will controls the distribution of assets in the estate, but it must be adjudicated (approved) by the Probate and Family Court. It is possible that the initial will that is presented is not the "last will" and a newer will could be discovered and would be the will that must be followed. 

  • Ask if the will has been probated

  • Ask for a copy of the will

  • Get the will to the attorney handling the sale

Only a Personal Representative Appointed by the Court Can Sign Contracts

Only a Personal Representative Appointed by the Court Can Sign Contracts

If an ownership interest in real estate is the name of a deceased person, their interest must be "probated".  There is risk involved in just naming whom you think the heirs are in a purchase and sale agreement and the agent can lose a lot of time and take on unnecessary liability by allowing anyone else to sign the contracts.

  • Have an attorney file the probate before you list the property.

  • Review timelines with the attorney (some probates take longer than others) so that you use appropriate dates for your offer.

A Probated Will that has "The Power of Sale"

If the will is allowed and the Personal Representative (Formerly Executor or Executrix) is appointed prior to listing the property, you may be in a position to sell the property immediately.  In Massachusetts, most wills give the personal representative the power to sell real property without further action from the Court.   

  • Review the Will

  • Check for the magic words: "power of sale" in the will

  • Review the will with the attorney

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