If you’ve been named the executor of someone’s estate in Massachusetts, one of your final and most important jobs is distributing property to the right people. It’s not just about handing out belongings it’s a legal process that must follow state probate rules, the will (if there is one), and court approval. Get it wrong, and you could face delays, disputes, or even personal liability.

What does “distribute property as an executor” actually mean?

Distributing property means transferring assets like bank accounts, real estate, vehicles, or personal items from the deceased person’s estate to the beneficiaries named in the will or, if there’s no will, to heirs under Massachusetts intestacy law. This happens only after debts, taxes, and expenses are paid, and usually after the probate court gives you the green light.

When do you distribute property during probate?

You don’t start handing things out right away. First, you need to:

• File the will and open the estate in probate court
• Inventory and protect all estate assets
• Notify creditors and pay valid claims
• File any required tax returns and settle estate taxes
• Get court approval for final distribution (in some cases)

Only then can you begin distributing what’s left. Rushing this step is one of the most common and costly mistakes executors make. If you distribute before paying debts, creditors can come after you personally.

How to know who gets what

If there’s a valid will, follow it exactly. The will names beneficiaries and may specify who gets certain items, like “my daughter gets the house” or “my friend gets my watch.” If there’s no will, Massachusetts law decides who inherits based on family relationships you can learn more about those rules in our overview of executor duties under state law.

Real example: A simple estate

John died with a will leaving his Boston condo to his son, his savings account to his daughter, and his car to his nephew. As executor, you’d make sure the mortgage and property taxes on the condo are current, transfer the deed using a Massachusetts Personal Representative’s Deed, close the bank account and write a check to the daughter, and sign over the car title to the nephew. Each step requires proper paperwork and timing.

What paperwork do you need to file?

Before or during distribution, you may need to file:

• A Final Accounting showing all income, expenses, and proposed distributions
• A Schedule of Distribution listing who gets what
• Receipts or releases signed by beneficiaries (optional but smart)

Some estates require formal court approval before distribution; others allow you to proceed without it if all beneficiaries agree. You can find step-by-step help with forms in our guide on filing probate court documents.

Common mistakes to avoid

• Distributing too early. Pay all debts and taxes first.
• Ignoring non-probate assets. Things like life insurance, retirement accounts, or jointly owned property with rights of survivorship pass outside the will and don’t go through probate.
• Not getting receipts. Ask beneficiaries to sign a release acknowledging they received their share. It protects you later.
• Forgetting real estate paperwork. Transferring a house isn’t just handing over keys you need to record a new deed at the Registry of Deeds.

What if beneficiaries disagree?

If someone challenges the will or claims they’re owed more, pause distribution and notify the court. Don’t try to “split the difference” to keep peace you’re legally bound to follow the will or state law. Mediation or court intervention may be needed. Keeping clear records from the start helps here. See how to handle disputes and other complex situations in our piece on executor responsibilities during probate.

Do you need a lawyer to distribute property?

Not always but it’s wise if the estate is large, there’s no will, there are minor beneficiaries, or family tension exists. A probate attorney can help you file the right forms, calculate shares correctly, and avoid personal liability. For basic estates, many executors handle distribution themselves after learning the steps like those outlined in our article on managing estate assets after death.

Final checklist before you distribute

• All debts, taxes, and administrative costs are paid
• You’ve filed any required accountings or schedules with the court
• You have written confirmation (or court approval) to proceed
• Beneficiaries have been notified and, ideally, signed releases
• Real estate transfers include properly recorded deeds
• You’ve kept copies of every transaction and communication

Once everything is distributed and documented, you’ll file a Certificate of Completion with the probate court to officially close the estate. You can find the specific form and instructions on the Massachusetts Probate and Family Court website.