Inherited a House in Massachusetts? Your First 30 Days
The weeks after a death are hard enough without a house to worry about. This checklist covers the practical steps that protect the property and the family while the estate gets sorted out, especially if you live out of state.
- Secure the house and find out who has keys.
- Call the homeowner's insurance company about the death and any vacancy.
- Keep the heat on in cold months, or have the house properly winterized.
- Keep the mortgage, taxes and insurance paid if you can.
- Find the original will and important papers, and talk to a Massachusetts estate attorney.
- Don't clear out the house or hand out belongings until the family and the attorney agree on a plan.
First: who can make decisions about the house?
In Massachusetts, the person who manages an estate is called the personal representative. When the Probate and Family Court appoints one, it issues Letters of Authority, the document banks, insurers and buyers usually ask to see before they'll deal with someone on the estate's behalf.
Until that happens, it's wise to make decisions about the house together with the other heirs and, ideally, with an estate attorney's guidance. Everything below is about protecting the property, not about dividing or selling it.
Week one: protect the property
Secure the house
Walk through and lock every door and window, including basement doors, bulkheads and garages. Make a list of everyone who might have a key: neighbors, caregivers, cleaners, contractors. Once the family agrees, rekeying or changing the locks is the simplest way to know exactly who can get in.
Find out whether anyone is living there
Before making changes, confirm whether a relative, caregiver or tenant is staying in the home. If someone is, talk to the estate's attorney before asking them to leave.
Call the insurance company
Let the homeowner's insurer know the owner has died and whether the house is now empty. Many property policies limit coverage once a home has been vacant for a set number of days, so ask what the policy requires and whether you need different coverage.
Keep the heat on, or winterize
In a New England winter, a furnace that runs out of oil or a power outage can freeze and burst pipes within days. Either keep the heat on and the fuel delivered, or have a professional drain and winterize the plumbing. Schedule someone to check on the house regularly either way.
Take photos and video of every room
A dated record of the home's condition and contents is useful for insurance, for the estate's records, and for family members who can't be there in person.
Weeks two to four: paperwork and next steps
Keep the bills paid where you can
The mortgage doesn't go away when the owner dies. Missed payments can lead to late fees and, eventually, foreclosure. Contact the loan servicer, let them know about the death, and ask what they need from the family. Federal law generally prevents a lender from calling a loan due just because the home passed to a relative when the borrower died. Property taxes, insurance and utilities need attention too.
Find the original will and key documents
Look for the original will, the deed, recent mortgage and tax statements, and the insurance policy. The original matters: in Massachusetts, a copy of a will generally can't be probated through the simpler informal process. Order several certified copies of the death certificate, since the court and many companies will ask for one.
Talk to a Massachusetts estate attorney
An attorney can tell you which probate path fits your situation and how long it's likely to take. One thing worth knowing ahead of time: Massachusetts' simplified small-estate process, called voluntary administration, can't be used when the person who died owned real estate in their name alone. Most families with an inherited house will go through informal or formal probate instead. See our plain-English probate overview for more.
Note what the house is worth today
For federal income tax purposes, an heir's starting value (basis) in inherited property is generally its fair market value on the date of death. A professional appraisal close to that date can matter a great deal if the house is sold later. Ask your tax professional what documentation they recommend.
If the house has a septic system
Massachusetts generally requires a Title 5 septic inspection when title to a property is transferred. How that applies to an estate depends on the situation, so ask your attorney when an inspection will be needed.
What not to rush
It's natural to want to clean out the house quickly. Hold off on removing or dividing belongings, signing contracts, or listing the property until the personal representative has authority and the family has a plan. Decisions made in the first few weeks are the hardest to undo.
Managing it from out of state
This is where we help most. With written authorization from the personal representative or the estate's attorney, DW Solutions can secure and rekey the home, confirm whether it's vacant, send a photo and video report, winterize, board up damage, and check on the property through the winter. There's no obligation to sell to us. See our estate property services.
Common questions
Can I change the locks on my parent's house after they die?
Securing the house is important, but who has authority to make changes depends on where the estate stands. Agree on it with the other heirs and get guidance from the estate's attorney. Once a personal representative has been appointed, they can authorize the work. DW Solutions only rekeys estate properties with written authorization from the personal representative or the estate's attorney.
Will homeowner's insurance cover a house that's empty after the owner dies?
Not always. Many property policies limit coverage once a home has been vacant for a set number of days. Call the insurer as soon as possible, tell them the owner has died and whether the house is empty, and ask what the policy requires.
Who pays the mortgage after the owner dies?
The loan doesn't disappear. Payments usually come from the estate or from heirs who want to keep the house. Federal law generally prevents a lender from calling the loan due just because the home passed to a relative on the borrower's death. Contact the servicer early and ask an estate attorney how payments should be handled.
Does an inherited house always have to go through probate?
Not always. Some property passes outside of probate, for example a home owned as tenants by the entirety. But Massachusetts' small-estate process isn't available when the person who died owned real estate in their name alone, so most inherited houses do go through informal or formal probate. An estate attorney can confirm what applies to yours.
Should we clean out the house right away?
It's better to wait until the personal representative has authority and the family agrees on a plan. Securing valuables and important papers is fine. Removing or dividing belongings early can cause disputes later.