Mass. Gen. Laws » Part II Title II Chapter 206
Massachusetts General Laws

Mass. Gen. Laws ch. 206, § 8 (2026)

Income from realty; accounting; manner

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 8. If real estate of a deceased person is used, occupied or taken charge of by an executor or administrator, he shall account for the income and management thereof in the same manner as in the case of personal property.

Notes of Decisions
Cited in 5 cases, 1928–2009 · leading case: Cook v. Howe, 182 N.E. 581 (Mass. 1932).
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Cook v. Howe, 182 N.E. 581 (Mass. 1932). “An executor in the absence of testamentary power conferred upon him has nothing to do with real estate save in appropriate instances to collect and be accountable for the rent, G. L. c. 206, § 8, unless and until he is licensed to sell it for the payment of debts and legacies…”
Abbott v. Mars, 177 N.E. 829 (Mass. 1931). “See G. L. c. 206, § 8. The reference in the master’s report to the administrator’s deed “which conveyed the premises together with privileges and appurtenances” is sufficient to show that the deed in question was given under license of the Probate Court duly issued, in the…”
McCarthy v. Adams, 160 N.E. 815 (Mass. 1928). “By virtue of G. L. c. 206, § 8, as the executor occupied and took charge of the property he is chargeable with the income and management.”
Lievi v. Sheridan, 281 N.E.2d 870 (Mass. 1972). “It is also contended by the appellants that the judge could not ignore G. L. c. 206, § 8, which provides as follows: “If real estate of a deceased person is used, occupied or taken charge of by an executor or administrator, he shall account for the income and management thereof…”
Heavey v. Maloof, 453 Mass. 259 (2009). “G. L. c. 206, § 8 (“If real estate of a deceased person is used, occupied or taken charge of by an executor or administrator, he shall account for the income and management thereof in the same manner as in the case of personal property”).”
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