If you have lost a parent or relative and there is a house to deal with, one of the first questions is which kind of probate you are in. In Massachusetts, most estates go through informal probate, which is faster and handled administratively. Formal probate is the slower, judge-supervised path used when there is a complication.
Here is the short version. Informal probate is reviewed by a Magistrate, can appoint a personal representative as early as seven days after death, and a complete filing is often processed within a few weeks. Formal probate goes before a judge and typically takes a couple of months just to appoint the personal representative. The type you are in affects how soon you can list and sell the home.
Who this applies to
Anyone named as, or expecting to become, the personal representative of a Massachusetts estate that includes real estate. This is common with inherited homes on the South Shore and across Greater Boston, where a long-held family property is often the largest asset in the estate.
Informal probate
Informal probate is an administrative process under the Massachusetts Uniform Probate Code, reviewed by a Magistrate rather than a judge. It is generally available when you have the original will, a certified death certificate, know and can identify all the heirs and devisees, and the person seeking appointment has priority to serve. A personal representative can be appointed quickly, and many complete informal filings are processed within about two to four weeks.
Formal probate
Formal probate is required when a matter needs a judge. That includes situations where the original will is missing, the will's validity is questioned, the heirs are unknown or cannot be located, an interested party requests formal proceedings, or a minor or incapacitated person is involved. Because a judge reviews it, appointment of the personal representative commonly takes around two to three months, sometimes longer if there is a dispute.
Informal vs formal at a glance
| What matters | Informal | Formal |
|---|---|---|
| Who reviews it | A Magistrate | A judge |
| Typical speed to appoint | Often 2 to 4 weeks | Often 2 to 3 months |
| When it is used | Clean estate, original will, known heirs | Disputes, missing will, unknown heirs, minor or incapacitated party |
| Court supervision | Light | Heavier |
What this means for selling the home
You cannot sell the house until a personal representative is appointed and has the authority to sell. Whether the will grants a power of sale matters. If it does not, or if there is no will, you may need a license to sell from the court before closing. This is worth confirming early, because it sets your real timeline. The practical move is to get the appointment underway, confirm your authority to sell, and line up the home's preparation in parallel so you are not losing months.
The bottom line
Most Massachusetts estates use informal probate and can move within weeks. Formal probate is for the complicated cases and takes longer. Either way, you sell only after the personal representative is appointed with authority to sell, so start that clock early.
A note on scope: I am a real estate agent, not an attorney, and nothing here is legal advice. For the legal side of probate, talk to a Massachusetts estate attorney. I work alongside probate attorneys often and am glad to point you to one.
FAQ
Common questions, answered.
Which type of probate is more common?
Informal probate. Most straightforward estates with an original will and known heirs qualify for it.
How soon can I sell an inherited house?
Only after a personal representative is appointed with authority to sell. In informal probate that can be a matter of weeks; in formal probate it takes longer.
Do I need a lawyer?
Probate is doable, but an estate attorney is worth it when there is real estate, multiple heirs, or any dispute. I work alongside probate attorneys often and can point you to one.
What is a license to sell?
Court authority to sell estate real estate, generally needed when the will does not grant a power of sale or there is no will. Your attorney confirms whether you need it.
