Probate is the legal process of transferring property ownership to the rightful heirs after someone passes away. When a loved one dies, they leave behind both cherished memories and their estate—including real estate that may need to be sold or distributed. Whether or not a will is left behind, the estate must pass through probate before it can be legally transferred or sold.
A common question is: Can a house be sold while in probate in Massachusetts?
The short answer: Yes, but certain legal steps must be followed first.
As experienced real estate investors in Massachusetts, Pegasus Home Buyers helps sellers and heirs navigate this complex process. Below is a complete step-by-step guide to selling a home while it is in probate.
Step 1: Get the Property Appraised
Before anything else, the property must be appraised by a certified independent appraiser. This establishes the fair market value of the property and ensures the estate is acting in good faith during the transaction. You can find certified appraisers through your local Realtor or estate attorney.
At Pegasus Home Buyers, we only consider probate properties that have been appraised professionally. This gives everyone a fair starting point when negotiating price and terms.
Step 2: Obtain the Petition to Sell
To legally sell a property during probate, the executor or personal representative must file a petition with the probate court. This petition outlines the details of the intended sale and must include the proposed sale price, terms, and a copy of the appraisal.
The court will review the petition and, if everything is in order, issue approval for the sale to proceed. Pegasus Home Buyers always ensures the seller has completed this step before moving forward.
Step 3: List the Property for Sale
Once you’ve received preliminary court approval, the next step is to list the property. You’ll want to disclose clearly that the home is in probate and subject to court confirmation. Most investors—including Pegasus Home Buyers—are familiar with this process and can work within those parameters.
Keep in mind that you must inform potential buyers upfront that the sale is contingent on court confirmation. This avoids surprises later and streamlines the timeline.
Step 4: Request Court Confirmation
After an offer is accepted, the next legal step is to request court confirmation of the sale. This hearing typically occurs 20 to 40 days after the petition is filed. In the meantime, the buyer should be prepared to submit a 10% deposit.
The court hearing serves as an opportunity for other interested parties to overbid if they choose. This ensures fairness and market competition. If no one outbids the original offer, the court confirms the sale.
At Pegasus Home Buyers, we work closely with sellers to prepare for this stage and ensure smooth communication with all parties involved.
Step 5: Advertise in Local Newspapers
Massachusetts probate sales require public notice, typically in a local newspaper. This advertisement allows the public to attend the hearing and make competitive bids, helping the estate get the highest value possible.
Advertising also fulfills legal requirements and demonstrates transparency in the transaction. Real estate investors like Pegasus Home Buyers monitor these public notices regularly to identify potential opportunities.
Step 6: Attend the Court Hearing
The court hearing is the final step in confirming the sale. The judge will allow open bidding, if any, and finalize the sale with the highest qualified bidder. The winning buyer must submit the balance of their down payment, and upon court approval, the transaction moves forward to closing.
If someone outbids the original buyer, their deposit is refunded, and the new bidder pays their own deposit to the court. This process protects the interests of all parties while ensuring a fair sale price.
Understanding the Massachusetts Probate Timeline and Delays
While probate property can be sold in Massachusetts, it’s important to recognize that the timeline can vary depending on several factors:
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The court’s current caseload
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Whether there’s a will and appointed executor
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Whether all heirs agree on the sale
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The presence of any liens or legal disputes
Generally, the probate process in Massachusetts takes 9 to 12 months, but that can be longer if the estate is complex. If you’re planning to sell, make sure to account for these potential delays.
At Pegasus Home Buyers, we help families fast-track this process by offering fair cash offers, flexible closings, and guidance through each legal checkpoint. In some cases, we work directly with estate attorneys and can even help cover closing costs to reduce the estate’s financial burden.
Why Investors Like Pegasus Home Buyers Purchase Probate Properties
Not all buyers are equipped to purchase probate properties, but real estate investors like Pegasus Home Buyers specialize in them. Why?
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We buy as-is – You won’t need to spend time or money on repairs or cleaning.
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We know the process – We understand the court requirements and how to coordinate effectively with attorneys and personal representatives.
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We close fast – Once the court gives the green light, we’re ready to close in as little as 7–14 days.
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We remove stress – From paperwork to pricing to payment, we handle the heavy lifting.
If you’re going through probate and need to sell your Massachusetts home, we’re not just here to make an offer—we’re here to make the process easier.
Final Thoughts: Simplifying the Probate Sale Process in Massachusetts
Selling a house during probate in Massachusetts is possible—if you follow the right steps and partner with the right people. Whether you’re a personal representative or an heir, knowing how the legal process works can make all the difference in how quickly and smoothly the transaction unfolds.
From obtaining court petitions and certified appraisals to advertising and attending hearings, the process requires diligence. If you’re feeling overwhelmed, you don’t have to do this alone.
Pegasus Home Buyers is here to assist Massachusetts families every step of the way. We’re experienced, local, and committed to making probate property sales as seamless and stress-free as possible.
If you’d like to see if your home qualifies for a fast, fair cash offer—fill out the form below to get started today.