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Selling a house in probate in Massachusetts

ADDITIONAL INFORMATION:

I understand there is a year for creditors to submit claims to the estate. Does this mean the heirs have to wait a full year to sell the house? Thank you!

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Yes, you may sell the house during probate.  In order to pass a clean title to the buyers, a formal probate proceeding is required.  Unless the will has specifically waived the requirement, the personal representative will need to petition for a license to sell from the probate court.   You will still need to wait until the creditor period is over before distributing the proceeds.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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