Mass. Gen. Laws » Part II Title II Chapter 204
Massachusetts General Laws

Mass. Gen. Laws ch. 204, § 1 (2026)

Specific performance of decedent's land contracts

✓ current as of July 2026
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Section 1. If a person who has entered into a written agreement for the conveyance of real estate or holds real estate which by operation of law is subject to be conveyed to others, dies or is put under guardianship or conservatorship or disappears or absconds with the result that a receiver of his property is appointed under chapter two hundred, without having made such conveyance, the probate court shall have jurisdiction in equity concurrent with the supreme judicial and superior courts to enforce specific performance of such agreement or obligation to convey; and, upon a petition therefor by any person interested in the conveyance, shall, after notice, if upon hearing it appears that the deceased, were he living, or the ward, were he not under guardianship or conservatorship, or the absentee, had he not disappeared or absconded as aforesaid, would be required to make the conveyance, order the executor or administrator, or the guardian, conservator or receiver to make the same, which conveyance shall have like force and effect as if made by the person who agreed or was liable to convey. Such concurrent jurisdiction shall also extend to the specific enforcement of reconveyance by persons alleged to be improperly holding or retaining property belonging to the estate of a deceased person, or to a person under guardianship or conservatorship, or to a person of whose property a receiver has been appointed under said chapter two hundred, and to the cancellation of deeds, releases or other conveyances or acquittances executed by a person since deceased or by a person since placed under guardianship or conservatorship or of whose property a receiver has been appointed as aforesaid, on petition of the executor, administrator, guardian, conservator or receiver, as the case may be.

Notes of Decisions
Cited in 6 cases, 1924–2004 · leading case: Kelley v. Neilson, 745 N.E.2d 952 (Mass. 2001).
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Kelley v. Neilson, 745 N.E.2d 952 (Mass. 2001). · cites it 2× “15 That relatively straightforward question is more complex in this case because (1) there are differing interests in the property, namely title to the Waltham property, specifically devised to the plaintiff, and a life estate in the property, specifically devised to the…”
Knott v. Racicot, 442 Mass. 314 (Mass. 2004). “See G. L. c. 204, § 1. Joan Racicot, the decedent’s widow and executrix (executrix), moved to add Neumann as a party defendant pursuant to Mass.”
Howe v. Johnston, 660 N.E.2d 380 (Mass. App. Ct. 1996). · cites it 2× “Their argument makes no reference to G. L. c. 204, § 1, which provides, in pertinent part, that the equity jurisdiction of the Probate Court “shall .”
Derby v. Derby, 248 Mass. 310 (Mass. 1924). “G. L. c. 204, § 1. Accordingly the plaintiffs are entitled to prosecute their suit for specific performance in the Superior Court, notwithstanding the litigation on the trustee’s account pending in the Probate Court.”
Kelley v. Neilson, 727 N.E.2d 82 (Mass. App. Ct. 2000). “See G. L. c. 204, § 1 (contracts for the sale of real estate made prior to the death of one of the parties may be specifically enforced by the survivor).”
Black v. Abercrombie, 166 N.E. 836 (Mass. 1929). “The jurisdiction of the probate courts to entertain petitions for specific performance given by statute (G. L. c. 204, § 1) is limited in its nature, and does not extend to the enforcement of an oral contract such *319 as is set out in this petition.”
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