When a loved one passes away and their home in Somerville, Massachusetts, becomes part of the inheritance, it’s not unusual for the heirs to decide to sell it. Before that can happen, the property often goes through probate—the legal process where the Massachusetts Probate and Family Court oversees the distribution of the decedent’s estate.
If the deceased left a will, the named executor is responsible for handling the probate process and following the instructions in the will. If there is no will, the court appoints an administrator to distribute the estate in accordance with Massachusetts intestacy laws. In either case, if real estate such as a house in Somerville is involved, selling it during probate requires court approval and strict compliance with Massachusetts probate rules.
What Is Probate in Massachusetts?
Probate in Massachusetts is the court-supervised process of validating a will (if one exists), identifying heirs, paying off debts, and distributing the decedent’s assets. Real estate, like a family home, often cannot be sold until the probate process is initiated and the executor or administrator has been granted the authority to act on behalf of the estate.
The Middlesex Probate and Family Court, which serves Somerville, handles these matters locally. The timeline for probate in Massachusetts can range from nine months to a year or longer, depending on whether disputes, outstanding debts, or complications arise with the estate.
Steps to Sell a House in Probate in Somerville, Massachusetts
- Open Probate With the Court
The executor (if named in the will) or an administrator (if no will exists) must file a petition with the Probate and Family Court in Middlesex County to start the probate process. - Appointment of Executor or Administrator
Once approved, the court issues “Letters of Authority” (also called Letters Testamentary or Letters of Administration). These documents give the executor or administrator legal authority to act on behalf of the estate, including the ability to sell the property. - Property Appraisal
Massachusetts law requires the estate’s assets to be valued. A licensed appraiser will determine the fair market value of the home in Somerville. This ensures the property is sold at an appropriate price to protect the interests of all heirs and beneficiaries. - Petition to Sell the Probate Property
To sell a house in probate, the executor must file a petition with the court requesting permission to sell. In many cases, especially when multiple heirs are involved, court approval is required before signing a purchase and sale agreement. - Court Approval and Sale Process
After the petition is filed, the court may hold a hearing. If approved, the executor can proceed with the sale. The court often requires the property to be sold at or near its appraised value. Proceeds from the sale go into the estate account, and debts, taxes, and expenses must be paid before the remaining balance is distributed to the heirs.
Can You Sell a House in Somerville Before Probate Ends?
Yes—but with conditions. A buyer can make an offer, and the executor can sign a purchase agreement, but the sale cannot close until the court grants approval. In most cases, the proceeds from the sale are held until probate is finalized and all debts are settled.
Do You Always Need Probate to Sell a House in Massachusetts?
Not always. Some estates can avoid probate if the property is held in a:
- Revocable Living Trust – Property is transferred directly to beneficiaries without the need for court involvement.
- Joint Tenancy with Right of Survivorship – The surviving co-owner automatically inherits the property.
- Tenancy by the Entirety – Married couples often hold property this way, and the surviving spouse automatically becomes the sole owner.
Massachusetts does not allow Transfer-on-Death deeds for real estate (as of now), so this option is not available. If the house is titled solely in the decedent’s name with no trust or survivorship arrangement, probate is required before selling.
Challenges When Selling a Probate House in Somerville
- Family Disputes – Disagreements among heirs can delay the process.
- Outstanding Debts – Mortgages, liens, and unpaid taxes must be settled before the sale proceeds can be distributed.
- Court Oversight – Probate sales must adhere to Massachusetts court procedures, which include filings, hearings, and approvals.
Options for Selling a House in Probate in Somerville, MA
- List With a Real Estate Agent
- Pros: Broader exposure, potentially resulting in a higher sale price.
- Cons: Longer timelines, realtor commissions, and closing costs.
- Sell to a Family Member
- Pros: Keeps property in the family; can be simpler to agree on terms.
- Cons: Risk of disagreements among heirs and concerns about fairness.
- Sell to a Cash Home Buyer in Somerville
- Pros: Fastest option, “as-is” sale, minimal repairs, and hassle.
- Cons: Usually a lower offer than full market value, but often worth it for speed and simplicity.
Frequently Asked Questions About Selling a House in Probate in Somerville, Massachusetts
- Do all heirs need to agree to sell a probate house?
Yes. If there are multiple heirs, all must typically consent to the sale. If they can’t agree, the court may need to step in to resolve the dispute. - Can you live in a house during probate in Massachusetts?
Yes. Surviving family members may remain in the house during probate unless the will directs otherwise or the court orders the home sold to satisfy debts or obligations. - How long does it take to sell a probate house in Somerville?
Generally, the probate process in Massachusetts takes 9 to 12 months. The actual sale, once approved, may move more quickly. Disputes, title issues, or paperwork delays can extend that time. - Can you sell a house before probate is complete?
Yes. You can get an offer and even sign a purchase and sale agreement, but final closing requires court approval so that the executor or administrator has the proper authority. - Can you empty a house before probate is complete?
No, not without court permission. Personal property and belongings remain part of the estate until the court authorizes their distribution. - What’s the easiest way to sell a probate house in Somerville?
Selling to a local cash home buyer is often the least complicated path. It avoids many of the delays associated with listing, repairs, or lengthy negotiations, although you may receive less than market value.
Middlesex Probate & Family Court — Local Reference for Somerville Residents
Here’s where to go (or call) if you’re handling a probate sale in Somerville, Massachusetts:
Middlesex Probate & Family Court South (Woburn)
- Address: 10-U Commerce Way, Woburn, MA 01801 Mass.gov+2Mass.gov+2
- Hours: Monday–Friday, 8:00 AM to 4:30 PM Mass.gov+2Weberg Law+2
- Main Phone: (781) 865-4000 Mass.gov+2Mass.gov+2
- Probate / Estates & Guardianships Division: (781) 865-4008 Mass.gov+1
- Email (for Probate matters): middlesexprobate@jud.state.ma.us Mass.gov