Detailed answer — step‑by‑step under Massachusetts law

This is a high‑level FAQ written to help you understand the usual steps. It is not legal advice. For case‑specific guidance, speak with a Massachusetts probate attorney or contact the local Probate and Family Court.

1. Step 1 — Confirm how the property passed and who owns it now

   Start by checking the deed and the decedent’s estate documents (will, trust). Ownership affects the route you must take:

   • If the property passed by right of survivorship (joint tenancy with right of survivorship or tenants by the entirety), the surviving owner(s) may own free of probate and may be able to sell without a probate court order.
   • If the property passed through the decedent’s will or by intestacy, or if the minor holds a direct fractional interest (tenancy in common), the Probate and Family Court will generally have authority over the sale of the minor’s share.

2. Step 2 — Determine whether probate or guardianship is required

   If the decedent’s estate needs administration, someone must open a probate case and be appointed as personal representative (executor) or administrator. If the minor already owns an estate interest (from the will or intestacy), the court may need to appoint a guardian of the minor’s estate or otherwise authorize a fiduciary to act for the minor’s share before any sale.

   Reference: Massachusetts Probate and Family Court administers wills, estates and guardianships. See Massachusetts General Laws, Chapter 190B (Uniform Probate Code): malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B, and general Probate Court information at mass.gov — Probate and Family Court.

3. Step 3 — If necessary, ask the court to appoint a fiduciary for the minor’s interest

   To act for a minor’s share you generally need court appointment of a guardian of the minor’s estate or to use the estate’s personal representative if that person is authorized and the court approves. The petition will typically include the minor’s name and date of birth, the value of the minor’s interest, and a proposed plan for sale and distribution.

4. Step 4 — Prepare the petition to sell the real estate

   The petition to the Probate Court should include:

   • A copy of the deed and any will or letters testamentary/administration (if opened).
   • The proposed purchase and sale agreement (or proposed sale terms).
   • An appraisal or broker’s market analysis showing the property value and why the sale price is fair.
   • A proposed order for the judge to sign authorizing the sale; wording usually includes sale terms, who will close, and how proceeds will be handled for the minor(s).

   The Probate Court must be satisfied the sale is in the minor’s best interest.

5. Step 5 — Give required notice and attend the hearing

   The Probate Court will require notice to interested parties (co‑owners, beneficiaries, the minor’s other legal guardians or parents if applicable). The court may schedule a hearing. At the hearing the judge will consider objections, fairness of the sale, and protections for the minor’s proceeds.

6. Step 6 — Obtain a court order authorizing the sale

   If the judge approves, the court issues an order authorizing the sale. The order will specify who may sign closing documents, how sale proceeds will be handled (for example, deposited in a blocked account, paid to a guardian, or invested), and whether any bond is required for the fiduciary.

7. Step 7 — Close the sale and comply with the court’s directions for the minor’s funds

   After closing you must follow the court’s directions precisely. Common outcomes for a minor’s share include:

   • Deposit into a blocked or restricted account at a bank under court supervision.
   • Investment in a court‑approved guardianship account or trust for the minor until age 18 (or longer if appropriate).
   • Periodic accountings to the Probate Court by the guardian or fiduciary.

Other practical considerations

• Timing: Probate and guardianship matters can take weeks to months depending on the court’s calendar and whether the sale is contested.
• Costs: Expect filing fees, appraisal fees, attorney fees, and possibly bond costs. The Probate Court often requires accounting of fees taken from the estate.
• Contested sales: If co‑owners disagree, the court may order a sale by auction or set special terms to protect the minor’s interests.
• Alternatives: If the property automatically passed outside probate (e.g., joint tenancy or trust), the process may be simpler—but you should confirm that the transfer was properly completed and that any minor’s interest does not still require court supervision.

Useful official resources:

• Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Massachusetts Probate and Family Court (court locations, forms, filing info): https://www.mass.gov/orgs/probate-and-family-court
• General Probate Court forms and guidance: https://www.mass.gov/info-details/probate-and-family-court-forms

Reminder: This article explains typical steps. It does not replace personalized legal advice.

Helpful Hints

• Gather documents early: deed, death certificate, will, mortgage statements, property tax bills, and any existing probate filings.
• Get a current appraisal and at least one broker market analysis to support the sale price in court.
• If parents are available and appropriate, their written consent can simplify the guardianship petition in uncontested cases—but the court still protects the minor’s interest.
• Expect to provide the court with a plan for how the minor’s proceeds will be protected (blocked account, trust, or court‑approved investment).
• Contact the local Probate and Family Court early to learn filing requirements and required forms for petitions involving real estate sales and minors.
• Consider hiring an attorney with probate and real estate experience. Selling property involving minors and court approval is a specialized procedure and small mistakes can delay closing or hurt the minor’s financial interest.
• If time is critical, ask the buyer for a contingency plan that accounts for Probate Court timelines (longer escrow or flexible closing dates).

Disclaimer: This is general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your situation, consult a Massachusetts probate attorney or the Probate and Family Court.