Inherited a House in Massachusetts or New Hampshire? What Should You Do First?

Protect the house and gather facts. Don't list it, and don't clean it out yet.

• Call the home insurance company. Tell them the owner died. Ask what the policy covers if the house sits empty.
• If there's a mortgage, call the lender. The payments still come due.
• Keep the heat on and the utilities running. Ask a plumber if you should drain the pipes for winter.
• Change the locks if a lot of people have keys. It isn't about trust. It's about knowing who goes in.
• Call an estate attorney for a first talk. You'll learn what you're allowed to do right now.

That's it for month one. Breathe. The rest can come slowly.

Usually, yes, if the house was in the owner's name alone. Probate is the court process that names the person who can act for the estate.

In Massachusetts, that person is called the Personal Representative. Many families use informal probate. It's handled by a court magistrate, not a judge. The state lists a $375 filing fee plus a $15 surcharge. You must send notice at least 7 days before you file. A magistrate can issue an order as soon as 7 days after the death.

Creditors have one year from the date of death to bring a claim against the estate. That's one reason the estate stays open for a while.

If the house was held in a trust or owned jointly with someone who's still living, probate may not be needed. Your attorney can check the deed and tell you fast.

New Hampshire uses its own probate court, and the steps look a little different.

The person the court names usually has to give a bond before they can act. A bond is a kind of insurance that protects the estate. For estates of $25,000 or less, a simple personal bond can be enough.

After the appointment, the administrator has 90 days to file a list of what the estate owns. Creditors have six months from the appointment to make a claim.

If the house is in Salem NH, Windham NH or Derry NH, use a New Hampshire estate attorney. Each state has its own rules, and the details matter.

Often less than you fear. Your tax basis is usually the home's fair market value on the date of death. That's what the IRS says.

Basis is the starting number the IRS uses to measure your gain. If the house was worth a lot more when your parent died than when they bought it, that growth usually isn't taxed to you. You're taxed on the gain after the date of death.

So get a written appraisal as of the date of death. It sets your basis on paper, and you'll be glad you have it.

Then there's the estate tax. Massachusetts has its own. An estate must file if its value is over $2,000,000. That's lower than the federal line, so it surprises a lot of families. New Hampshire doesn't require an estate tax return for deaths after 2004.

Please talk to your tax pro before you sell. They'll run your real numbers.

Talk before anyone calls a Realtor. The order matters more than the speed.

Ask each person one plain question: does anyone want to keep it? If one sibling does, they can buy out the others at a fair value. That talk needs to happen before the house is listed, not after an offer comes in.

Agree on who signs. Agree on how you'll decide price. If feelings run high, a mediator can help you talk it through.

If you truly can't agree, any co-owner can ask the court for a partition. In Massachusetts, that goes to the Land Court or the Probate and Family Court. The court can split the land or order a sale. It's slow and costly, and it can hurt the family. Treat it as the last step, not the first.

The sale ends. The family doesn't.

Someone needs to check on it every week. Empty houses hide small problems until they're big ones.

• Ask the insurance company about vacant home coverage. Many policies limit coverage when a home sits empty.
• Keep the heat on all winter, or have a plumber winterize the house.
• Put a few lights on timers. Keep the walk shoveled and the mail picked up.
• Have the furnace or boiler checked if it hasn't been serviced lately.

A neighbor you trust can be your eyes. So can a family member who lives close.

Let every family member walk through first. Then sort. Then sell or donate. Haul away last.

The recipe box, a quilt, a photo in a cheap frame. Those things can mean the world to one person. Give each heir a turn to name what matters to them before anything leaves.

Have a personal property appraiser look before you donate. Some old pieces are worth real money.

Our estate sale guide covers the next steps. So does the house or the stuff, for when the belongings feel heavier than the house.

Most families sell. Some rent. A few move in. Each one can be right.

Selling fits when no one wants to be a landlord and the monthly costs are piling up. Taxes, insurance and heat keep coming every month the house is held.

Renting can work if the house is in good shape and you're ready to manage it. Have an attorney review any lease first. Massachusetts tenant rules are strong.

Moving in works when the house truly fits your life and budget. You'll likely buy out other heirs and may need a new mortgage in your name. My go-to lender, Mike Suffoletto, can tell you what you'd qualify for.

Want to know what the house is worth before you choose? I'll show you three things. What sellers near you said yes to lately and why. Every home for sale within about 10 miles in that price range. The accurate similar sales from the last 30 days. Knowing the number doesn't mean you have to sell.

There's no right answer for everyone. Many families need a few months to settle probate, sort belongings and get the house ready.

You can often sign a deal while probate is still open. The closing has to wait until the Personal Representative has the authority to sign the deed. Your estate attorney and your real estate attorney will line up those dates. For the closing side, I often bring in Eric Pacy, my go-to real estate attorney.

Go at the pace your family can handle. A calm, ready house usually does better than a rushed one.

I've sat at a lot of kitchen tables in moments like this, across 20 years and almost 2,000 families. Lisa Sevajian has been featured by HGTV, Forbes, HousingWire, Boston magazine, RealTrends Verified and Boston Agent Magazine, among many others.