6 Things to Know About Conservatorships and Real Estate in Massachusetts

We’ve recently been involved in several transactions where the homeowner was under a court-appointed conservatorship. In simple terms, that means someone else has been appointed to handle the owner’s financial affairs. And one thing is clear: these deals play by a different set of rules.

If you’re a buyer, seller, lender, or real estate agent, understanding those rules upfront can be the difference between a smooth closing and a stalled (or failed) deal.

Here are six things to keep in mind.

1. The Conservator - Not the Owner - Controls the Sale

In a conservatorship, the property owner typically does not have authority to sell.

Instead, the court-appointed conservator acts on their behalf, pursuant to a Decree and Order of Appointment. That order defines what the conservator can—and cannot—do.

Bottom line: before anything else, confirm the conservator actually has authority to sell the property.

2. Court Approval Is Usually Required

Even when the conservator has authority, most sales require approval from the Massachusetts Probate and Family Court.

That process typically includes:

• Filing a petition for a license to sell

• Providing notice to interested parties

• Court review (and sometimes a hearing)

A signed purchase and sale agreement is generally not binding until court approval is obtained.

3. Timelines Are Longer (and Less Predictable)

Court involvement adds time—often weeks, sometimes longer.

Common delays include:

• Preparing and filing court paperwork

• Court scheduling and review

• Statutory notice periods

For buyers and lenders in particular, this means planning ahead on financing timelines and rate locks is critical.

4. Pricing Must Withstand Judicial Scrutiny

This isn’t just a negotiation between buyer and seller—the court is effectively a third reviewer.

The court may:

• Require an appraisal

• Reject an offer that appears below market value

• Expect reasonable market exposure

For buyers, aggressive below-market offers are unlikely to survive. For sellers and agents, pricing needs to be realistic and well-supported from day one.

5. The Contract Needs to Be Structured Properly

Standard contracts don’t always cut it here.

At a minimum, the agreement should clearly state that the transaction is:

• Subject to court approval

• Contingent on obtaining a license to sell

• Built around timelines that reflect potential delays

Getting this right on the front end avoids confusion—and disputes—later.

6. This Affects the Entire Deal Team—Not Just Buyer and Seller

Conservatorship transactions impact everyone involved.

• Lenders need to account for timing uncertainty and approval contingencies

• Agents need to set expectations early and clearly with their clients

• Attorneys and title professionals must ensure the authority and documentation are airtight

When everyone understands the process at the outset, these deals are far more likely to close without unnecessary friction.

Final Thought

A conservatorship sale isn’t just a real estate transaction—it’s a court-supervised process designed to protect a vulnerable individual’s financial interests.

With the right expectations and guidance, these transactions can absolutely get to the closing table—but they require patience, coordination, and careful execution.

If you have questions about how a conservatorship may impact a transaction—or you’re currently navigating one—feel free to reach out. We’re always happy to help.

📞 Have questions? Reach out anytime: www.vanderveen-law.com

***This article is intended for general informational purposes and should not be construed as legal, tax or other professional advice. Prior to acting on any information in this article, you should seek legal, tax or other relevant professional counsel.***