Selling an Inherited House in Massachusetts: Who Can Sell and What It Costs
Quick answer: In Massachusetts, the person who sells an inherited house is the executor or personal representative. If the will does not give that person the power to sell real estate, they generally need a court license first. Once they have authority, the sale looks like any other one, with the same smoke and CO certificate, Title 5 septic rules and deed excise tax.
Who is allowed to sell
Heirs do not sell an estate's house on their own. The personal representative (executor if there is a will, administrator if there is not) signs for the estate. The Massachusetts comment to M.G.L. c. 190B, § 3-704 explains that Massachusetts did not adopt the broader Uniform Probate Code power to sell real estate. Without a will provision granting that power, a personal representative has no authority to sell or mortgage real estate without a license under G.L. c. 202. A personal representative can also ask the court for specific authority under G.L. c. 195, § 5A.
In plain terms: read the will first. If it says the executor may sell real estate, that usually settles it. If it is silent, or there is no will, plan on a probate court step before a buyer can close.
What the sale usually looks like
Open the estate. The personal representative is appointed through the Probate and Family Court.
Confirm the power to sell. Either the will grants it or the court issues a license. Your attorney will tell you which.
Secure the house. Keep it insured, heated in winter and locked. Many standard policies change when a home sits vacant, so tell the insurer.
Price it from real comps. The house is usually sold as it sits. A broker price opinion or comparative market analysis sets the starting number.
Line up the Massachusetts paperwork. The same smoke and CO certificate, Title 5 inspection (if there is a septic system) and lead paint disclosure (if built before 1978) apply to an estate sale.
Close with a fiduciary deed. The personal representative signs, and the closing attorney records it.
Costs to expect
The deed excise tax is $4.56 per $1,000 of the sale price, and by custom the seller pays it at closing. Barnstable County is higher, at $5.70 per $1,000. On a $500,000 sale that is $2,280 in most of the state. Add attorney fees, court costs, the fire department certificate fee (it varies by town) and the agent fee. Our Massachusetts selling cost guide walks through a full example.
Taxes to ask your accountant about
Inherited property generally gets a new tax basis at the date of death, which can shrink or erase the taxable gain when the house sells soon after. Whether that applies, and how, depends on the estate. Ask a CPA before you set a price or decide to hold the house. Estate and income tax rules are separate questions from the sale itself.
Common ways these sales get stuck
Heirs disagree about selling or about price.
Nobody has been formally appointed yet, so no one can sign.
The will is silent on real estate and a license is needed.
The house needs a failed septic replaced or a smoke and CO inspection that was never scheduled.
A lien, old mortgage or unpaid tax shows up in the title search.
What to do this week
Find the will and the court paperwork, or confirm none exists.
Call a Massachusetts probate attorney about authority to sell.
Photograph the house and keep utilities and insurance active.
Ask us for a home value review so every heir is looking at the same number.
If you want a second set of eyes on the property side, see how we handle the Massachusetts requirements and timeline and request a free home value estimate.
Thinking about selling? Full-service representation at a 1% listing fee. Talk to Zack or Nick directly.
Commissions and fees are negotiable and not set by law. Our 1% listing fee applies to the listing side only, and any buyer-agent compensation is separately negotiable. This is general information, not legal or tax advice. Probate rules and fees change and vary by case, so confirm details with a Massachusetts probate attorney and your tax professional. Figures reflect October 2026.
Sources: Mass. General Laws c. 190B, § 3-704; REBA Title Standards (mass.gov); Mass.gov: Buying or Selling Property with a Septic System; Mass.gov: Smoke and CO Alarm Inspection.
