Legal Question in Real Estate Law in Massachusetts

Re: License to Sell

Generally, title to real estate "passes" to the intestate heirs (or devisees under the will) at the time of death, subject to a right in the fiduciary to reach the value of the real estate under certain circumstances.

To the extent that all the beneficiaries and the fiduciary (e.g., administratrix) join in a deed, there is less of an issue from the buyer's perspective. However, a fiduciary is often protected by the nature of a License to Sell from later claims by creditors or beneficiaries that a sufficient price was not obtained.

Re: License to Sell

Yes, you need permission from the probate court to sell certain assets.