Detailed answer — what to know and what to do

This answer explains the common legal routes to sell a co-owned property in Massachusetts so proceeds can pay funeral bills and overdue property taxes. It assumes no prior legal knowledge and highlights options for co-owners, personal representatives (executors), and creditors. This is an overview and not legal advice.

1. First: identify how the property is owned

Ownership type controls who can sell the property.

• Joint tenancy with right of survivorship — when one owner dies, that owner’s interest usually passes immediately to the surviving joint tenant(s) without probate. A surviving joint tenant can sell the property if they hold full title.
• Tenancy in common — each owner holds a separate share that passes according to their will or Massachusetts intestacy rules. A deceased owner’s share typically becomes part of their probate estate.
• Trust ownership, LLC, or other entity — ownership rules depend on trust documents or entity agreements. Check title records and governing documents.

2. If the deceased owner’s share must be used to pay funeral costs or taxes

Funeral bills and some taxes are claims against the decedent’s estate. The personal representative (PR) appointed in probate handles estate claims and payments. If the estate lacks liquid money, the PR may be able to sell estate assets (including real estate) to pay valid claims, subject to court authority and notice requirements.

See Massachusetts probate law (Massachusetts Uniform Probate Code) for the PR’s powers on estate administration: M.G.L. c. 190B (Probate Code).

3. If co-owners agree to sell

The easiest path is a voluntary sale. Steps:

1. Confirm ownership and title. Obtain a copy of the deed from the registry of deeds.
2. Obtain any necessary probate appointments if the deceased’s signature is required on closing documents and title has not already passed by survivorship.
3. List the property and close; use proceeds to pay liens, taxes, funeral bills, and then distribute the remainder per ownership percentages or the terms of the will.

4. If one co-owner refuses to cooperate: partition action (forced sale)

A co-owner can file a partition action to force division or sale of the property. Massachusetts law provides for judicial partition when co-owners cannot agree. See M.G.L. c. 240 (partition actions): M.G.L. c. 240. In practice:

• The court may physically divide land when feasible, or order a sale and divide the net proceeds among co-owners according to their shares.
• Liens and valid claims (including municipal tax liens or judgments for funeral expenses that have been reduced to judgment) attach to the property and are paid from sale proceeds in priority order.
• Partition suits take time and cost money. Expect court fees, attorney fees, appraisal and accounting costs, and a sale schedule set by the court.

5. How funeral expenses and property taxes get paid in practice

Common scenarios:

• If the decedent’s estate goes through probate, funeral expenses and creditor claims should be filed with the probate court and paid from estate funds before distribution to heirs, subject to priority rules in M.G.L. c. 190B.
• If the estate does not have enough cash, the PR may ask the court for permission to sell estate real estate to pay debts.
• If co-owners (surviving owners) choose to sell voluntarily, pay outstanding municipal property tax liens first; municipal tax liens often have priority and can lead to a tax-taking if unpaid.
• If a funeral provider or creditor is unpaid and can’t be satisfied from the estate, the creditor might pursue collection against co-owners’ interests (depending on the facts) or seek a judgment that could become a lien on the decedent’s share.

6. Short-term practical steps to protect the property and stop escalation

1. Contact the local tax collector to confirm the status of property taxes and whether a tax taking or sale is scheduled. Many municipalities can set up payment plans.
2. If someone is acting as a PR, open probate promptly so claims can be handled officially. Massachusetts Probate & Family Court information: Massachusetts Probate & Family Court.
3. Avoid unilateral attempts to transfer title without clear authority—this can complicate matters and create new legal problems.
4. Collect and preserve bills, receipts, and copies of the deed, mortgage statements, and tax assessments.

7. Who to consult

• A probate attorney if the decedent’s share is at issue, or if probate administration looks necessary.
• A real estate attorney if co-owners are alive and negotiating a sale or if you face a potential partition action.
• A tax adviser or the municipal tax office for questions about local property tax procedures and deadlines.

Statute references and procedural rules can be complex and fact-specific. For the probate code and PR authority, see M.G.L. c. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B. For partition of land, see M.G.L. c. 240: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter240.

Helpful hints

• Confirm the deed. The registry of deeds holds the recorded deed and shows whether title is joint tenancy or tenancy in common.
• Act quickly on property tax notices. Municipal tax takings can move faster than probate or partition suits.
• Open probate even if you hope to resolve matters informally—probate gives legal authority to pay claims and sell assets when needed.
• Get a written agreement if co-owners consent to sell. Spell out how proceeds will pay taxes, funeral bills, liens, and how the balance will divide.
• Consider a short-term loan or a private family loan to cover immediate funeral bills while you sort title and sale issues; document loans in writing.
• If you expect a partition action, preserve the house and its value—insurance, maintenance, and safety matter for sale proceeds.
• Keep records of all bills and payments so creditors can be paid properly from estate or sale proceeds.