Key Distinction: Administrator vs. Executor
When a Massachusetts homeowner dies with a will, the person named is called an executor and can often proceed under informal probate. When someone dies without a will, the court appoints an administrator — typically requiring formal probate proceedings under MGL Ch. 190B §3-401.
Who Inherits a Massachusetts House With No Will?
Massachusetts intestate succession is governed by MGL Ch. 190B §2-102 (spouse's share) and §2-103 (descendants and other heirs). Here is how sale proceeds are distributed:
| Who Survived the Decedent | How Massachusetts Divides the Estate |
|---|
| Spouse only (no children, parents) | 100% to spouse |
| Spouse + children of decedent | Spouse: first $100K + ½ remaining. Children: split other ½ equally |
| Spouse + parents (no children) | Spouse: first $200K + ¾ remaining. Parents: ¼ remaining |
| Children only (no spouse) | Split equally among all children |
| Parents only (no spouse, no children) | Split equally between parents |
| Siblings only | Split equally among siblings |
6-Step Process to Sell a Massachusetts House in Intestate Probate
1
Petition for Appointment of Administrator
An heir or interested party files a petition with the Probate and Family Court in the county where the decedent lived. The court schedules a hearing (typically 4–8 weeks out) to appoint the administrator. Multiple heirs can each petition; the court typically prefers the surviving spouse, then adult children.
2
Letters of Administration Issued
At the hearing, the court issues Letters of Administration — the legal document giving the administrator authority to manage estate assets, including the real property. Without this document, no deed or sale can proceed. Unlike informal probate for estates with a will, intestate estates often go through formal probate under MGL Ch. 190B §3-401.
3
Creditor Notice Period (4 Months)
MGL Ch. 190B §3-801 requires the administrator to publish notice to creditors. Creditors have 4 months to present claims against the estate. The estate cannot make final distributions until this period expires. Selling the property during this window is possible — it proceeds to closing but proceeds remain in the estate account.
4
Petition for License to Sell Real Property
Before selling, the administrator must petition the Probate Court for a license to sell real property. The petition includes the proposed sale price, buyer details (or confirmation it will be listed on the open market), and a statement that the sale is in the best interest of the estate. Courts generally approve sales that are at or near fair market value.
5
Court Approval and Closing
Once the court issues the license to sell, the administrator can sign the purchase and sale agreement and proceed to closing. At closing, sale proceeds are wired to the estate account — not directly to heirs. Distribution to heirs follows after the creditor period expires and all estate debts are settled.
6
Final Distribution
After creditors are paid and any estate taxes are settled, the administrator distributes remaining sale proceeds to heirs per MGL Ch. 190B's intestate succession rules. A final accounting is filed with the court before the estate is closed.
Intestate Probate Timeline in Massachusetts
Filing → Appointment Hearing
4–8 weeks
Creditor Notice Period
4 months minimum
Petition for License to Sell
4–8 weeks after filing
Closing (after license issued)
7–30 days
Total Typical Timeline
9–18 months
How a Cash Buyer Helps in Massachusetts Intestate Probate
Cash buyers don't eliminate the probate timeline — the court process must complete regardless of how you sell. But cash buyers remove every obstacle on the real estate side of the transaction:
No home inspection contingency
Probate properties are often sold as-is. Cash buyers waive inspection contingencies — the administrator doesn't need to repair anything.
No mortgage contingency
Financed buyers can lose their loan during the probate wait. Cash buyers don't have financing that can fall through.
No Title 5 / lead paint / smoke detector certificate required before closing
Cash buyers in Massachusetts can close without the deleading certificate (MGL Ch. 111 §197), failed Title 5 septic repair, or smoke/CO certificate (MGL Ch. 148 §26F½) — all of which block financed sales.
Flexible closing date
Cash buyers close on any court-approved timeline — whether the license to sell issues in 6 months or 14 months.
Selling a Massachusetts Probate Property?
We work with MA probate attorneys and administrators. Cash offer in 24 hours, close on any court-approved timeline.
Call (401) 396-7427Massachusetts →Frequently Asked Questions
Can you sell a Massachusetts house in probate when there's no will?
Yes — you can sell a Massachusetts house in probate even when there is no will (intestate). The Probate and Family Court appoints an administrator who petitions for a license to sell. The sale can proceed once the court approves, though proceeds remain in the estate account until the creditor period and final distribution.
Who inherits a Massachusetts house when someone dies without a will?
Massachusetts intestate succession under MGL Ch. 190B §2-102 and §2-103 determines who inherits. If the decedent had a surviving spouse and children, the spouse receives the first $100,000 plus half the remaining estate, with the other half split among the children. If there is no spouse, children inherit equally.
How long does it take to sell a Massachusetts house in probate with no will?
Formal probate in Massachusetts typically takes 9–18 months from filing to final distribution. This includes the appointment hearing (4–8 weeks), the mandatory 4-month creditor notice period under MGL Ch. 190B §3-801, petitioning for a license to sell real property, and the final accounting. Informal probate — available in some counties — can be faster (4–6 months) when all heirs agree.