After a death: the first days, the first weeks, and the house
Very little has to happen quickly after a death, and almost nothing should be sold, given away or cleared out in the first weeks. Call the hospice or 911, choose a funeral home, order death certificates and secure the house. A house in the person’s own name usually needs probate at the Barnstable Probate and Family Court before it can be sold.
- In the first days: hospice or 911, a funeral home, death certificates, secure the house.
- Don’t sell, clear or give away anything until someone has legal authority.
- A power of attorney ends at death; the court appoints a personal representative.
- Small estates of personal property up to $25,000 (not counting a car) can use a simpler route — not for real estate.
- Massachusetts estate tax applies only above $2 million.
South Coastal Counties Legal Services
Key facts
| Barnstable Probate and Family Court | 3195 Main Street, Barnstable · 508-375-6710 |
|---|---|
| Voluntary administration (small estates) | Personal property up to $25,000, not counting a car; 30 days after death; no real estate |
| Massachusetts estate tax | Only on estates over $2,000,000 (deaths since 1 January 2023) |
| Social Security lump-sum death payment | $255, to an eligible spouse or child |
What has to happen in the first days?
- If the death was expected at home with hospice, call the hospice first. Otherwise call 911.
- Choose a funeral home. They usually file the death certificate and report the death to Social Security. (There has been no funeral home in Provincetown or Truro since 2022; Outer Cape families travel to Wellfleet or beyond.)
- Order certified copies of the death certificate — banks, insurers and the registry each want one. More can be ordered later from the clerk of the town where the death occurred.
- Find the will, any trust, and the name of the lawyer who prepared them. Don’t act on the will yet.
- Secure the house, the car and valuables. Keep the heat on.
What comes in the first weeks?
- Social Security: a surviving spouse or child may be due a one-time $255 payment and survivor benefits. A payment for the month of death may have to be returned.
- Pensions, banks, insurers: tell each one; ask what they need.
- Home insurance: keep paying it, and tell the insurer if the house is empty — many policies limit cover for vacant houses.
- Mail: forward it, and keep a folder of every bill and letter.
- Debts: don’t pay the person’s debts from your own money.
- Grief: it is normal for it to arrive late, in the middle of the paperwork.
How does probate work in Barnstable County?
Probate is how a court gives someone authority to deal with an estate. On the Cape it is handled by the Barnstable Probate and Family Court, 3195 Main Street, Barnstable, 508-375-6710. The person appointed is the personal representative. Until then, nobody — not the named executor, not the heirs — has authority to sell or sign for the estate.
- Small estates: if the estate is only personal property worth $25,000 or less (not counting a car) and at least 30 days have passed, “voluntary administration” may be possible. Real estate cannot go through this route.
- A house in the person’s own name almost always means a probate case before it can be sold. A house held in a trust, or jointly with right of survivorship, usually does not.
- A power of attorney ends at death. Someone who managed the person’s affairs under one must stop and wait for the court.
- Massachusetts estate tax applies only to estates over $2,000,000 for deaths since 1 January 2023. On the Cape, the house can push an estate over that line.
- The owner lived off-Cape? An “ancillary” case in Barnstable is usually needed as well as one in the home state.
What should we do about the house?
- Protect it. Change the locks or account for every key, keep the heat at 55°F or above, tell the insurer, and photograph every room. See an empty Cape house over winter.
- Don’t clear it yet. Nobody should sell, rent, clear out or give away the contents until someone has legal authority. Family disputes usually start here.
- Expect letters. Probate filings are public, and investors write offering cash. See how to read one.
- Septic: a sale usually needs a Title 5 inspection within two years before it (three if pumped annually). Transfers between spouses, parent to child, full siblings and certain trusts are exempt — which matters if the family plans to keep the house. See when a septic inspection is required.
- Decide together. Keep, rent or sell is the heirs’ decision, made with the personal representative. For value, see pricing an inherited Cape house.
Who helps, and what does it cost?
| Free legal help for people 60+ (age alone qualifies for some problems) South Coastal Counties Legal Services (SCCLS) | 800-244-9023 |
| Free grief support, open to anyone who has had a loss HopeHealth — Bereavement Services | (888) 528-9077 |
| Social Security — report the death, and ask about survivor benefits SSA Hyannis Office | 866-467-0440 |
Elder-law and estate-planning attorneys · Funerals, cremation and grief · Estate sales and clean-outs
Probate and estate-settlement attorneys · Estate and trust tax preparers · Watching an empty house · Title 5 septic inspections
Mistakes families make
- Clearing out the house or giving things away before a personal representative is appointed.
- Continuing to use the late person’s power of attorney or bank card.
- Letting the house sit cold and uninsured through a winter.
- Signing a cash offer from a letter before the estate has authority, or advice.
- Assuming the named executor can act before the court appoints them.
For professionals and organisations
Funeral directors, hospices, clergy, estate attorneys: this checklist names no provider and prints cleanly on two pages, so it can go in a family folder. We welcome review by a Massachusetts estate attorney — see how reviewing works.
Common questions
What should I do in the first 24 hours after someone dies at home?
If hospice was involved, call the hospice; otherwise call 911. Then choose a funeral home, which usually files the death certificate and notifies Social Security. Secure the house and find the will, but don’t act on it yet.
Does a house go through probate in Massachusetts if there is a will?
Usually yes, if the house was in the person’s own name. A will names who inherits and who should be personal representative, but the court still appoints that person. A house in a trust or held jointly with right of survivorship usually avoids probate.
What is voluntary administration in Massachusetts?
A simpler process for small estates made up only of personal property worth $25,000 or less, not counting a car, available once 30 days have passed since the death. Real estate cannot be handled this way.
Is there estate tax in Massachusetts?
Only on estates over $2,000,000, for deaths on or after 1 January 2023. Estates at or below that amount owe no Massachusetts estate tax.
Where is the probate court for Cape Cod?
The Barnstable Probate and Family Court, 3195 Main Street, Barnstable, MA 02630. The Register’s office is at 508-375-6710.
General information about how things work in Massachusetts and on Cape Cod, not legal, tax, financial or medical advice. Figures and rules change: the date each fact was checked is at the top of the page. How we check facts · Report a mistake.
- Mass.gov — Barnstable Probate and Family Court
- Mass.gov — MUPC estate administration procedural guide: voluntary administration
- Nixon Peabody — Massachusetts estate tax exemption $2,000,000 as of 1 January 2023
- Mass.gov — buying or selling property with a septic system
- Arthur Radtke, The House After Probate Begins (protecting the house in the first 48 hours)