Legal Question in Wills and Trusts in Massachusetts

Re: Time frame for sale of real estate

As a preliminary matter, one year is not an unreasonable delay in the settlement of an estate, in part because of the possibility of claims against the estate.

It is also not unusual that the inventory be delayed until an estate tax return is filed (due nine months after the date of death, unless extended), and it is frequently filed together with the first and final account of the executor.

However, good practice is to keep the beneficiaries informed of the progress of the estate, and a call or letter to the executor (particularly if they are a relative) would seem reasonable.

There are many questions I would ask about the situation. With regard to a provision in the will which prevents the sale of real estate except under certain circumstances, it may require a petition to the court to alter the instructions set out in the will.

It would first make sense to contact the executor directly to see if they will take the steps that you want them to. If that fails, you should contact a probate attorney. Particularly if there is consensus among the beneficiaries, it will be easier to settle the estate, including by obtaining equitable relief from the probate court in order to vary terms of the will.

Re: Time frame for sale of real estate

Settling estates takes the time it takes -- and because of the statute of limitations for claims against decedents and paperwork processing time in the courts, even the average estate can take 18 months or more.

In Massachusetts, the Inventory -- which is a statement of what was in the estate at the time of death -- is not sent to the heirs. According to the statute, it is supposed to be filed at the Probate Court three months after the executor's appointment. However, as a practical matter, the Inventory is often filed with the first Account a year after the appointment. The reason for this is because it is not unusual for assets to continued to be discovered for some time after the appointment -- and if the assets are valuable, the best practice is to obtain professional appraisals prior to filing. You can go to the courthouse, look in the file, and see if the Inventory is there.

As for the real estate -- the executor's duty is to get the highest price possible. Given that the real estate market is declining and all real estate has carrying costs (mortgage, insurance, taxes, etc.), the executor needs to make a good faith decsion based on his discretion and the advice of legal and real estate professionals. It's difficult to say more without knowing if the Will waives the obligation that the executor get a license from the Court to sell the property, or if that instruction about the price was in the Will or elsewhere.

A short consultation with me or another attorney who regularly handles probate matters may clarify a lot of your questions.