Detailed answer — overview of the law and steps to qualify

Key terms

Massachusetts typically uses the term personal representative for the person appointed to administer an estate. “Administrator” is commonly used when there is no will; for practical purposes, the roles are the same.

1) Who has priority to be appointed?

When someone dies without a will, Massachusetts law sets an order of priority for who may be appointed personal representative. Priority generally favors the decedent’s closest family members. If a higher-priority person is available and willing, that person normally receives the appointment unless the court finds a reason not to. The statutory rules on who may be appointed are in the Massachusetts Probate Code. See the statute on who may be appointed here: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-201.

2) Where to file

Petitions for appointment must be filed in the Probate and Family Court in the county where the decedent lived at death. Massachusetts provides step-by-step filing information here: https://www.mass.gov/how-to/file-a-petition-for-probate-and-administration-of-an-estate and general court information here: https://www.mass.gov/orgs/probate-and-family-court.

3) Basic documents and information you’ll need

• Certified copy of the death certificate.
• Decedent’s full legal name, date of death, last Massachusetts address, and date of birth (if known).
• A list of known heirs and their contact information (spouse, children, parents, siblings, etc.).
• A list of estate assets (bank accounts, real estate, vehicles, personal property) and known debts.
• Identification for the person petitioning (you).

4) Filing the petition

Submit a petition for appointment of a personal representative with the Probate and Family Court clerk. The court will require a filing fee and will provide forms and instructions. The court sets a hearing date, and the clerk will notify interested persons. If nobody objects or if higher-priority persons do not appear, the court is likely to appoint the petitioner assuming they are qualified.

5) Notice and possible contest

Massachusetts law requires notice to interested persons. Any interested person (for example, a spouse, child, parent, or another sibling) may file an objection if they believe they should be appointed instead or believe the petitioner is not suitable. If multiple people seek appointment, the court decides based on the statutory priority and facts presented.

6) Bond and supervision

The court may require the personal representative to post a surety bond to protect estate creditors and heirs. The bond requirement can sometimes be waived by the heirs or by court order, but expect the court to consider whether a bond is needed (amount based on estate size and risk). The Probate Court supervises the administration and may require accounting depending on estate size and actions taken.

7) When a sibling is likely to be appointed

You are most likely to be appointed if the decedent had no surviving spouse, no children, and no surviving parents or other relatives with higher priority. If you are the closest living relative (or if heirs with higher priority agree or are unable/unwilling to serve), the court will generally appoint you after reviewing your petition and any objections.

8) When you might not qualify

The court will consider whether you are competent to serve. Factors that can disqualify or weigh against appointment include a lack of mental capacity, a criminal conviction bearing on honesty, conflicts of interest, or evidence you would not properly protect the estate. If a higher-priority person petitions, the court typically favors that person unless there is a good reason not to.

9) Practical timeline and costs

Timing depends on court caseload and whether there are objections. An uncontested appointment can often be completed in a few weeks; contested matters take longer. Expect filing fees, possible bond costs, and (if you retain one) attorney fees. The Massachusetts Probate Court site provides details about fees and forms: https://www.mass.gov/guides/serving-as-personal-representative-of-an-estate-in-massachusetts.

10) Useful legal references

• Priority and appointment of personal representatives: M.G.L. ch. 190B, Section 3-201 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-201
• How to file for probate and administration (Mass.gov guide) — https://www.mass.gov/how-to/file-a-petition-for-probate-and-administration-of-an-estate
• General information about serving as a personal representative — https://www.mass.gov/guides/serving-as-personal-representative-of-an-estate-in-massachusetts
• Probate & Family Court locations and contact information — https://www.mass.gov/orgs/probate-and-family-court

Important: This summary highlights the common path to appointment but does not cover every situation (for example, small estates procedures, summary administration options, or complex creditor issues). If the estate is large, contains real estate in more than one state, or there is a dispute among heirs, you should consider seeking legal help.

Disclaimer: This article is educational and informational only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Massachusetts attorney or the Probate and Family Court.

Helpful Hints — quick checklist to prepare for appointment

• Check whether the decedent left a will—sometimes people assume “no will” but a signed document exists.
• Get several certified copies of the death certificate from the funeral home or registrar.
• Create a short inventory of assets and creditors before filing—bank letters and account statements help.
• Talk with other close relatives early. A signed waiver from interested heirs can speed the process and avoid contests.
• Bring ID and proof of your relationship to the decedent (birth certificate, family record, or other documents) to the courthouse.
• Ask the Probate Court clerk which local forms and fees apply; use the court’s website for downloadable forms.
• If you expect objections or complex assets (business interests, out-of-state real estate), consider consulting an attorney experienced in Massachusetts probate.