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The executor or administrator must petition the probate court for permission to sell the property, and any beneficiary or legal heir can object to the sale.
See MGL c. 190B, § 4-207. If the will gives the Personal Representative the power to sell real estate, the PR may exercise that power once the will has been admitted, PR appointed and bond approved. The Power of Sale must be explicitly given in the Will.
You'll need to file: Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160) Surviving Spouse, Children, Heirs at Law (MPC 162) A certified copy of the death certificate if it's available, or an affidavit if it's not. Citation-Return of Service (MPC 560), which the court will give you.
Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.
Below are 4 options for closing down an estate in Massachusetts. Option 1 ? Not filing Anything. ... Option 2 ? Filing a Small Estate Closing Statement. ... Option 3 ? Filing a Closing Statement. ... Option 4 ? Petition for Complete Settlement of Estate.
Summary of Responsibilities of a Personal Representative of an Estate in Massachusetts. As you can see from the short overview above, Personal Representatives must be able to handle a few different types of tasks. They must file legal paperwork, sell assets, pay debts, distribute funds to heirs, etc.
In Massachusetts, once that person is appointed by the court to manage the probate estate, he/she is called the "Personal Representative". Before, adopting the Massachusetts Uniform Probate Code in 2012, this person was referred to as the "Executor" or the "Executrix". The bottom line is that they mean the same thing.
The process to obtain a License to Sell begins with filing a Petition in the Probate and Family Court. All interested parties would be given notice of the proceeding and allowed the opportunity to object to the sale and to be heard by the Court.