Inherited a House in Massachusetts? Keep, Rent, List, or Sell As-Is

By DW Solutions · Updated October 2026 · Facts checked against Mass.gov and other official sources

Once the house is secure and probate is underway, the family has to decide what happens to it. There's no single right answer. Here's an honest look at each option, what it costs, and what to check before you decide.

Before you decide

• Who has authority. A sale needs a personal representative with the right authority from the will or the court. See our probate overview.
• What the house is worth. Its value on the date of death generally sets the heirs' tax basis, and today's value tells you what each option is really worth.
• What it costs to hold. Mortgage, taxes, insurance, utilities and upkeep keep running every month the house sits.
• Whether the family agrees. Most of the hard part is here, not in the paperwork.

Option 1: Keep the house

Right for families who want to live in the home or hold it long term. If there's a mortgage, contact the servicer. Federal law generally prevents a lender from calling the loan due just because the home passed to a relative when the borrower died, and lenders may agree to add the heir to the loan. If several heirs inherit, one may buy out the others. An attorney should handle how that's documented.

Option 2: Rent it out

Rental income can cover the carrying costs, but it makes the heirs landlords. Massachusetts has significant landlord-tenant rules. For example, the state Lead Law requires owners to remove or cover lead paint hazards in homes built before 1978 when a child under 6 lives there. Get legal advice before signing a lease, and plan for repairs, vacancies and management.

Option 3: List it on the open market

Usually brings the highest price for a home in good condition. The trade-offs are time, preparation and cost: cleanout, repairs, staging, showings, commission, and months of carrying costs while it sells. For homes built before 1978, Massachusetts requires sellers to give buyers the Property Transfer Lead Paint Notification before a purchase and sale agreement is signed.

Option 4: Sell as-is for cash

Trades some price for speed and certainty. A cash buyer takes the house in its current condition, with no repairs, cleanout or showings, and no buyer's financing to fall through. It makes the most sense when the house needs significant work, the family is far away, or holding costs are piling up. Compare the numbers both ways with our cost calculator, and have the estate's attorney review any offer. We're glad to make one: request an as-is cash offer.

When heirs don't agree

Disagreements over an inherited house are common. Talking it through with the estate's attorney, sometimes with a mediator, usually comes first. If the heirs end up owning the house together and still can't agree, Massachusetts has a court process called partition. Any co-owner can ask the Land Court or the Probate and Family Court to divide the property or order it sold. Co-owners can also avoid a sale if one buys out the others. Partition is a last resort, and an attorney should advise on it.

A note on taxes

For federal income tax, an heir's basis in inherited property is generally its fair market value on the date of death, and a sale above that basis produces a taxable gain. Massachusetts may also have estate tax for larger estates. Ask a tax professional before you sell.

Common questions