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Massachusetts Decree of Sale of Real Estate Personal Representatice

State:
Massachusetts
Control #:
MA-SKU-0650
Format:
PDF
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Description

Decree of Sale of Real Estate Personal Representatice

The Massachusetts Decree of Sale of Real Estate Personal Representative is a document used in the state of Massachusetts to transfer the title to real estate property from a decedent (the deceased) to the appropriate beneficiary. This document is prepared by a Personal Representative (also known as an Executor or Administrator), which is the individual appointed by the court to manage the deceased’s estate. The Personal Representative is responsible for determining who is the rightful owner of the property, and for preparing the decree of sale to transfer the title. There are two types of Massachusetts Decree of Sale of Real Estate Personal Representative documents: the Uncontested Decree of Sale, and the Contested Decree of Sale. The Uncontested Decree of Sale is used when all parties involved agree to the sale and transfer of the property. The Contested Decree of Sale is used when there is disagreement among the parties involved, and the court must decide who is the rightful owner of the property.

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FAQ

The probate process in Massachusetts will take at least six months, however, it is not usual for it to take longer than a year, particularly since creditors have one year from the date of the decedent's death to file claims against the estate. The more complex and contested an estate is, the longer it will take.

A personal representative is the person appointed by the Probate Court to administer your estate after you pass. This role is often known as an executor. This appointment is critical to finalizing your estate and managing your assets in the meantime.

When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.

This personal representative can be appointed in as little as seven days after a loved one's death, compared to the six weeks to five months it used to take to appoint an executor or administrator.

While the probate is open and Personal Representative (PR) is administering the estate, the PR can divest their title either by exercising a power of sale in the admitted will or by selling the property pursuant to a License to Sell of Real Estate (a/k/a Decree of Sale) in a formal or informal probate.

A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.

A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.

When the probate court appoints a personal representative, it issues a document called "Letters." This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a reasonable fee for the work performed for the estate.

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Massachusetts Decree of Sale of Real Estate Personal Representatice