When a person passes away owning real estate, selling the property is not always as simple as listing it on the market. In some Massachusetts probate cases, the Personal Representative (formerly known as an executor or administrator) must first obtain a License to Sell from the Probate and Family Court before the property can be transferred to a buyer.
What Is a License to Sell?
A License to Sell is a court-issued order that grants legal authority to sell real estate when that authority is not already provided in a valid legal document, such as a will or trust. In the probate context, it allows a Personal Representative to sell real estate that belonged to the deceased person.
When Is a License to Sell Needed?
In Massachusetts, a License to Sell is commonly required when:
- The deceased died without a will (intestate).
- The will does not explicitly grant the Personal Representative the power to sell real estate.
- The Probate Court determines additional authority is needed before a sale can proceed.
Conversely, if a valid will grants the Personal Representative broad powers, including the authority to sell real estate, a separate License to Sell may not be necessary.
What Are the Steps Involved?
Obtaining a License to Sell generally involves the following steps:
1. Open the Probate Estate and have a Personal Representative appointed.
2. File a Petition for Sale of Real Estate with the Massachusetts Probate and Family Court. Massachusetts provides Form MPC 210 for this purpose.
3. Court Review of the petition and supporting documentation. In many cases, a court hearing is not required.
4. Issuance of the License to Sell if the court approves the request.
5. Complete the Sale and transfer title to the buyer pursuant to the court’s authorization.
Why Does It Matter?
A License to Sell helps ensure that the property transfer is valid and that the interests of heirs, beneficiaries, creditors, and buyers are protected. For families administering an estate, obtaining the proper authority before listing or selling a property can help avoid delays and title issues later in the transaction.
If you’re serving as a Personal Representative and are unsure whether a License to Sell is required, consulting with a Massachusetts probate attorney can help ensure the sale proceeds smoothly and in compliance with state law.
Founded by a nurse attorney and with offices in Acton, Andover, and Sudbury, Massachusetts, Generations Law Group helps families navigate the complex areas of estate planning and elder law to inform and protect loved ones of every generation.
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