A probate sale happens when a homeowner dies without a will (intestate), or the will is not clear about passing ownership of property, or has outstanding debts that can only be satisfied by the sale of the property. The process of selling a home for an owner that did not have a trust is much different than a traditional home sale.
Probate is the legal process that involves confirmation by the court of the distribution and ownership of property as it is defined in a will, or designates a personal representative. The personal representative must file a petition with the court requesting permission to sell the decedent’s real estate at a certain price. The court will approve the sale if it is in the best interest of the estate and those who have an interest in the property. Notice of the petition to sell real estate is given to interested parties, including beneficiaries or heirs and creditors.
FIND OUT WHEN IT IS NECESSARY TO PROBATE AN ESTATE IN MASSACHUSETTS
Many wills include a “power of sale” clause that empowers the personal representative of the estate to sell real property without receiving approval from the probate court. When a will grants the power to sell or mortgage real property or a general power to sell any estate asset, the personal representative typically does not need authorization or confirmation from the court.
Deadlines for filing to the Massachusetts Probate Court
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
- Determining heirs
- An ancillary (additional) probate proceeding
If the decedent died on or after March 31, 2012, and no proceedings were filed within 3 years of the date of death, you can file a late and limited formal probate. In some cases, you may be able to file a voluntary administration if you meet the voluntary administration criteria.
Liquidating an estate and preparing to sell a property through probate can be overwhelming for the person who has been named as the executor or personal representative, and hiring a real estate agent who has earned the CPRES certification is very important so that the critical steps and strict timelines are followed. A CPRES designated real estate agent has undergone thorough training specifically around the process of probate, and is invaluable in assisting with the navigation of tasks held by the person responsible for the sale of assets.
Certified Probate Real Estate Specialists (CPRES)
A Certified Probate Real Estate Specialist (CPRES) designated agent has special training to deal with coaching people that are dealing with properties that have to go through probate. I can help alleviate some of the difficulty of this unpleasant time. The United States Probate Services manages the CPRES real estate designation.
In order to receive this certification, an agent must pass a test that measures their ability to handle complex probate property sales procedures. Finding an agent with this certification is an easy way to make sure you’ll be working with someone who understands the probate system.
When you chose to list your property with a CPRES agent like myself, you have a reliable partner that you can depend on. Olde Towne Real Estate Company has years of experience working with administrators through the intricate details and often complex steps of the probate process. Additionally we have a team of resources within our network who are experienced experts to assist with every step of the home selling process.
Some of the Services Provided are:
- Cleaning and housekeeping services to ensure the home is “show ready”
- Licensed and bonded electricians and plumbers
- Estate and yard sale services
- Eviction services and squatter removal
- Gardeners and landscapers
- Haul away services for unwanted and unsightly garbage and debris
- Locksmith
- Movers and packers – we can coordinate the packing and moving of any items you wish to keep
- Carpenters, painters, and handymen
- Property preservation, board up and property security
- We are able to handle all repairs in most cases and even defer payment until escrow
If you are currently handling the estate of a loved one, I can help. Contact me by filling out the form below:
