License to Sell Real Estate in Massachusetts Probate Cases - Selling the Deceased's Real Estate Securely
A license to sell real estate in Massachusetts probate cases is obtained by bringing a completed petition to the county Probate and Family Court where the probate case is pending (i.e., Norfolk, Plymouth, Suffolk, Barnstable, Bristol, ....). A local MA probate or estates lawyer can help an executor or administrator accomplish this in a Massachusetts probate estate case.
While a license to sell real estate is not always required to sell real estate following the death of a property owner, it is often required by the buyer or the buyer's lender in order to write a mortgage for the property. Under a license to sell approach, the sale is free of debts and costs and provides added security for the buyer or potential lender (as well as certainty about the seller's legal power or authority to sell the property).
There are many times, however, when a license to sell real estate is not required to transfer real estate in probate matters (i.e., power contained in will, join tenancy...). Each case depends on evaluating the circumstances, timing, and parties involved to determine the best course of action to suit all the interested parties' needs in a timely and cost effective manner. In cooperative probate real estate transfer cases, the process can be relatively straightforward with only a few twists and turns. In hostile probate sale cases, however, the process can be difficult, lengthy, and full of obstacles.
