Most of the inherited houses we buy come to us the same way. A parent passes, the kids live in three different states, the house is full of 40 years of stuff, and nobody has the time or the money to fix it up. If that’s you, here’s what actually happens next in Massachusetts and what your options are.
First: Do You Own It Yet?
This is the question people skip. Just because you’re the heir doesn’t mean you can sell yet.
If the house was in a trust, the trustee can usually sell right away. No probate.
If the house was owned jointly with a surviving spouse, it passes to the spouse automatically. No probate.
If the house was in the deceased’s name alone, it goes through probate. That means the court has to appoint someone (the personal representative, usually named in the will) before anyone can sign a deed.
If you’re not sure which one applies, a probate attorney can tell you in a 15-minute call. We work with several and can point you to one.
How Long Probate Takes In Massachusetts
Massachusetts has two tracks.
Informal probate is the fast one. If there’s a valid will, no disputes, and all heirs agree, the personal representative can be appointed in a few weeks. Once appointed, they can sell the house.
Formal probate is for when there’s no will, someone is contesting, or the estate is complicated. Figure 6 to 12 months, sometimes longer.
Either way, you can put the house under contract before probate closes. You just can’t close until the personal representative has authority. We do this all the time: sign the purchase agreement now, close when the court paperwork is done.
Taxes
The good news: Massachusetts has no inheritance tax, and the federal estate tax only applies to estates over $13 million. Most people owe nothing.
The other good news: when you inherit a house, its tax basis resets to the value on the date of death. So if Mom paid $80,000 in 1985 and the house is worth $500,000 now, you don’t pay capital gains on the $420,000. You only pay on whatever it appreciates after you inherit it, which for most people is nothing because they sell within a year.
Massachusetts does have an estate tax that kicks in at $2 million, so if the whole estate (house plus everything else) is over that, talk to an accountant.
The Stuff Inside
This is the part that stops people. A house full of furniture, clothes, papers, and things nobody wants to sort through.
You have three options. Estate sale companies will run a sale and take 30 to 40 percent. Junk removal companies charge $500 to $3,000 to clear a house. Or you sell to a buyer who takes the house as-is with everything in it.
We do the third one. Take what you want, leave the rest. We’ve closed on houses where the seller took a few boxes of photos and left literally everything else, including a garage full of tools and a basement of old furniture. That’s fine with us.
Your Selling Options
List it as-is. Works if the house is in decent shape. You’ll pay commissions and go through showings, and buyers with financing will want repairs or a price cut for anything the inspector finds.
Fix it up and list it. Gets the highest price, but somebody has to fund the renovation and manage it, usually from out of state, for 3 to 6 months. Most families don’t want to.
Sell to a cash buyer. Fastest and simplest. No repairs, no cleanout, no showings, and we work around the probate timeline. The offer will be below full retail for a renovated house, but often close to what you’d net listing it as-is after commissions and repair credits.
What We Actually Do
You call us. We look at the house, usually within a few days. You get a written cash offer within 24 hours. If the estate isn’t through probate yet, we sign now and close when the court is done. If it is, we can close in a couple of weeks. You and your siblings each get paid at closing. Nobody has to fly in, clean out, or fix anything.
This post is general information, not legal or tax advice. Every estate is different. Talk to a Massachusetts probate attorney or an accountant about your situation before you make decisions.
Call 508-322-8787 or fill out the form on this page. If a cash sale isn’t the right move for the house, we’ll say so.