Selling a House After Probate in Massachusetts
Probate refers to the transfer of real estate and ownership after someone has died. It is essentially a legal way of inheriting a house and a court procedure that allows you to obtain assets of the deceased individual and then transfer over those assets to a member of the family or a loved one. Selling a house after probate in Massachusetts can be quite simple, if you’re working with an individual who can help you understand the entire process.
Under the conditions that a will was in place by the decedent, a probate case would still need to be opened to obtain property ownership. The only way to go around the probate process in Massachusetts is if the decedent died with a living trust already in place.
Probate can be quite an expensive process. However, if you do choose to sell your house in Massachusetts directly to us, we can assist with covering a portion of the fees for you to make things easier for you.
The Probate Process in Massachusetts
There are 2 types of probate options in Massachusetts to determine the rightful owner:
- Formal Probate: Involves one or more hearings by the court to begin the petition of the property
- Informal Probate: A faster option assuming all requirements have been met that is processed by a Magistrate as opposed to a judge – under the Massachusetts Uniform Probate Code (MUPC)
Do I Always Need a Probate? No – There Are Exceptions:
- Jointly held real estate – Spouse (husband or wife) has rights to property through survivorship
- Property held in a trust – Members belonging to a trust have rights to property
Helpful Tips When Selling a House After Probate
- When filing for probate, it must be filed in the same county the decedent passed away
- Probate court sessions aren’t always necesarry. They are typically only required if the deceased individual owned assets in his/her name only. For most other cases, they can be transferred over without probate.
- Lawyer fees are usually paid through the sale of real estate (although some fees may be able to be negotiated upfront)
- Being fast to start the probate process is always important, as the process to file for probate in Massachusetts is one year
- The The Massachusetts Uniform Probate Code (MUPC) is available to make the process simple and minimize the amount of expenses involved
- If you are interested in knowing how the probate process exactly works, be sure to check out the NOLO website along with MASS.gov as they offer some great insights into this topic specific to Massachusetts.
Selling an Inherited House in Massachusetts
If you inherited a house in Massachusetts and are thinking of potentially selling it, we buy houses in as is condition and pay in cash, offering fast closings that works best for you. If you have been assigned by the court as the executor of the property and have evidence and the necesarry paperwork, we’ll work to come up with the best possible cash offer for you.
If you are interested in getting in touch with someone to talk about your options when selling a house in Massachusetts after probate, be sure to fill out the form below and we’ll get in touch with you quickly!