Massachusetts Probate Real Estate Sale Calculator

Selling a Massachusetts probate house

Enter the sale price to see the typical fee picture.

Does the will grant a power of sale?

Sale price

Include a 5% realtor commission?

Estimated cost of this Massachusetts probate sale

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Facing probate in Massachusetts?

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Appointment alone isn't authority to sell

What makes Massachusetts different: under M.G.L. c. 190B §3-715, selling to an outside buyer requires either a power of sale written into the will, or a license to sell issued by the Probate and Family Court under Chapter 202. Without a will at all, the license to sell is generally required. Simply being appointed personal representative doesn't include that authority.

A lien that follows the house, not just the estate

The Department of Revenue places a statutory lien on all real estate owned by the decedent — alone or jointly held — and it generally must be released before any transfer can close, even for property that passed outside probate through joint tenancy.

No statutory fee — just reasonable compensation

M.G.L. c. 190B §3-719 entitles the personal representative to reasonable compensation, with case law (McMahon v. Krapf, 1948) guiding what counts as reasonable: the nature of the work, customary local compensation, the estate's size, and how marketable the assets are.

One of the lowest estate tax thresholds in the country

Massachusetts taxes estates above $2 million, at rates from 0.8% to 16%. See Capital Gains Tax on the Sale for the separate question of what's owed on the gain itself.

A hard 3-year filing deadline

Most probate and appointment proceedings can't be commenced more than 3 years after death, with narrow exceptions — a late proceeding can still confirm title in the heirs, but the representative's powers are limited and most creditor claims are cut off.

Massachusetts probate real estate sale — frequently asked questions

Does being appointed personal representative let you sign a deed in Massachusetts?

Not by itself — under M.G.L. c. 190B §3-715, selling to an outside buyer requires either a power of sale written into the will, or a license to sell issued by the Probate and Family Court under Chapter 202. Appointment alone doesn't include that authority.

Does the estate tax lien affect jointly held real estate too?

Yes — the Department of Revenue's lien attaches to all real estate owned by the decedent, either alone or jointly held, and it generally must be released before a transfer can close, even for property that otherwise passed outside probate.

How much does a Massachusetts personal representative get paid for selling the house?

There's no statutory percentage — M.G.L. c. 190B §3-719 entitles the representative to reasonable compensation, guided by case law factors: the nature of the work, customary local compensation, the estate's size, and how marketable the assets are.

What is Massachusetts's estate tax threshold?

$2 million — one of the lowest in the country — with rates from 0.8% to 16%. Estates just over the line can face tax on the estate's full value due to the law's cliff effect, though a credit introduced in 2023 softens it somewhat.

Is there a deadline for opening Massachusetts probate after death?

Generally 3 years — most probate and appointment proceedings cannot be commenced more than 3 years after the decedent's death, though narrow exceptions exist that can still confirm title in heirs with limited representative powers.

Same statute, every Probate and Family Court

Suffolk, Middlesex, and Norfolk County each run their own session of the Probate and Family Court, but M.G.L. c. 190B §3-715's sale-authority rule and the estate tax lien apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on M.G.L. c. 190B §3-715, 3-719, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the Probate and Family Court or a licensed Massachusetts attorney before acting.