{"id":129,"date":"2017-04-25T12:34:41","date_gmt":"2017-04-25T12:34:41","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=129"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"massachusetts-probate-estate-administration-deeds","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/massachusetts-probate-estate-administration-deeds\/","title":{"rendered":"Massachusetts Probate: Estate Administration Deeds"},"content":{"rendered":"\n

What happens to your property after you\ndie? Most likely, your assets will be subject to probate, the legal process of\nsettling an estate and distributing any remaining property to those entitled to\nreceive it. All assets that do not pass directly through a survivorship\ninterest, beneficiary designation, or trust are subject to probate. <\/p>\n\n\n\n\n\n\n\n

Massachusetts Uniform Probate Code (MUPC),\ncodified at G. L. c. 190B, governs probate proceedings in the Commonwealth of\nMassachusetts. Probate of the estate takes place in the Probate and Family\nCourt of the county or district in which the decedent resided at the time of\ndeath. The type of probate required (informal vs. formal, small estate, etc.)\ndepends on the specific situation.<\/p>\n\n\n\n

Depending on the testacy status (whether\nthe decedent left a valid will), the court appoints an executor or\nadministrator, more generally referred to as a personal representative (PR), as\nthe estate\u2019s fiduciary. The personal representative is selected by priority of\nappointment, set forth at G. L. c. 190B, \u00a7 3-203.<\/p>\n\n\n\n

Part of the PR\u2019s duties of\nadministration may include making devises of real property pursuant to the\nterms of the decedent\u2019s will. Massachusetts laws of intestate succession\ndetermine who may inherit the decedent\u2019s property that is not deposed of\nthrough a will. A personal representative is authorized to execute and deliver\na deed of conveyance pursuant to G. L. c. 190B, \u00a7 3-715(a)(3)(1).<\/p>\n\n\n\n

To convey real property from an estate\nto devisees or heirs, the PR uses a deed of distribution under G. L. c. 190B, \u00a7\n3-907. The deed of distribution states the decedent\u2019s name and location and\ndate of death, names the personal representative making the transfer, and cites\nthe county of probate and docket number assigned to the estate. Each\ndistributee\u2019s name, address, and vesting information is required, along with a\ncomplete legal description of the relevant property and prior deed reference. Although\nno sale is made for the transfer, the deed evidences the distributee\u2019s title,\nand is required to maintain an accurate chain of title.<\/p>\n\n\n\n

G. L. c. 202 addresses sales of real\nestate by personal representatives. Sales may be required to pay the estate\u2019s\ndebts, for example. For formal probates, a decree (license) of the court is\nrequired to make a sale, only when there is no power of sale in the decedent\u2019s will;\nfor informal probates, a decree (license) is required, regardless of whether a\npower of sale is included in the will. G. L. c. 202, \u00a7 19 outlines the\nprocedures for a petition to sell.<\/p>\n\n\n\n

Conveyances of title made to a purchaser\nfor value are free from claims of general creditors and of legatees and\ndevisees under the decedent\u2019s will (REBA Title Standard No. 10). Like other\nfiduciary deeds, PR deeds generally carry a special warranty, or limited\ncovenant, that the granted premises are free from all encumbrances made by the\ngrantor, and that the grantor warrants and defends the title to the grantee against\nthe lawful claims of persons claiming by, through, or under the grantor. In the\nCommonwealth of Massachusetts, these are called quitclaim covenants. <\/p>\n\n\n\n

In addition to the requirements\ndescribed above for a deed of distribution, a deed of sale executed by a PR requires\na statement of consideration made for the transfer of title, and all relevant documentation\nevidencing the PR\u2019s authority to sell real property on behalf of the estate.<\/p>\n\n\n\n

All deeds require the PR\u2019s signature, made in the presence of a notary public, for a valid transfer of title. The Commonwealth of Massachusetts maintains two systems of recording. The Registry of Deeds handles recorded land documents, while the Registry District of the Land Court handles certificates of title for registered land. Registered land is insured by the Commonwealth, and chain of title is updated on the certificate of title. To ensure the proper recording procedure, consult a lawyer.<\/p>\n\n\n\n

Related Massachusetts Probate Documents:<\/p>\n\n\n\n