Detailed Answer

This section explains how Massachusetts probate law treats charges that a personal representative (sometimes called an executor or administrator) or another person posts to a decedent’s estate without proper authority.

Who controls estate money during probate?

After a person dies, the Probate and Family Court oversees administration. The court issues letters testamentary or letters of administration that authorize a named personal representative (PR) to collect assets, pay debts, and distribute the estate under Massachusetts law (see Massachusetts General Laws, Chapter 190B). The PR has a fiduciary duty to the estate and its beneficiaries to act honestly, reasonably, and in the estate’s best interest.

What counts as an unauthorized charge?

Unauthorized charges include withdrawals, transfers, vendor payments, fees, or reimbursements taken from estate accounts for which the PR had no legal basis, or payments that exceed reasonable or authorized expenses (for example, personal expenses of the PR charged to the estate).

How unauthorized charges are discovered

• The PR must often prepare inventories and file accountings with the Probate and Family Court; beneficiaries typically receive notice and copies of these documents.
• Bank statements, creditor claims, and copies of receipts are common ways beneficiaries or the court discover questionable charges.
• Beneficiaries who review accountings or who receive unexpected reductions in distributions often trigger closer review.

Key court tools and remedies

The Probate and Family Court has several remedies when it finds unauthorized charges:

• Accounting and exceptions: The court can require the PR to file a detailed accounting. Interested persons may file exceptions (objections) to that accounting and ask the court to disallow or reverse improper charges.
• Surcharge and monetary recovery: If the court finds a breach of duty (for example, unlawful withdrawals or self-dealing), it can order the PR to repay the estate for losses. The court may surcharge the PR’s distributions or impose a judgment for the estate.
• Removal or suspension of the PR: For misconduct, the court can remove or suspend the PR and appoint a successor.
• Injunctive or emergency relief: Interested parties can ask the court for temporary orders to freeze assets or prevent further distributions while the matter is resolved.
• Claims against third parties: The estate may have claims against persons or businesses that received unauthorized funds (for conversion, unjust enrichment, or similar theories).
• Criminal referral: In cases of theft or embezzlement, the court or interested parties may involve law enforcement for possible criminal charges.

Typical steps a beneficiary or interested person should expect

1. Request or obtain the PR’s inventory and accountings filed with the Probate Court.
2. Review bank statements, canceled checks, receipts, bills of the estate, and any creditor claims to identify unauthorized charges.
3. File written objections (exceptions) to the accounting in court, or file a petition asking the court to compel an accounting, surcharge the PR, and/or remove the PR.
4. Ask the court for emergency relief (asset freeze) if there is a risk of disappearance of estate assets.
5. If appropriate, seek civil recovery from the PR or third parties and consider notifying law enforcement where criminal conduct appears likely.

Where Massachusetts law provides authority

Massachusetts codifies probate and fiduciary procedures in Chapter 190B of the Massachusetts General Laws. The Probate and Family Court has statutory power to supervise administration, require accountings, and remedy breaches of fiduciary duty. See the Probate statutes: M.G.L. c. 190B (Probate and Trust Statutes), and the Probate and Family Court information and forms at the Massachusetts government website: Massachusetts Probate and Family Court.

Practical timeline and expectations

How long the court takes depends on the estate size, complexity, and whether the PR cooperates. Simple account disputes may be resolved in months; contested litigation can take longer. Acting promptly preserves evidence and improves the chance of recovery.

When criminal charges may be involved

If a PR or another person intentionally took estate funds for personal use without authorization, that conduct could be criminal (theft, embezzlement). Interested persons can notify local law enforcement or the district attorney, but civil remedies in probate do not replace criminal investigation.

Costs and who pays

Contested proceedings create legal and court costs. In many cases, the court may charge reasonable attorney’s fees or costs to the estate if needed to protect estate interests. Conversely, unsuccessful or frivolous objections can sometimes lead to costs against the objecting party. The court decides on costs based on the equities of the case.

Limitations and timing

Statutes of limitations can affect separate civil claims (for conversion or breach of fiduciary duty) and can vary by claim. Probate procedures also use deadlines for filing exceptions and petitions. Because these time limits vary, act quickly if you suspect unauthorized charges.

Important note: This summary describes common steps under Massachusetts probate practice. The Probate and Family Court rules and Chapter 190B govern specific procedures and remedies. See M.G.L. c. 190B for statutory authority: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter190B.

Helpful Hints

• Request the PR’s inventory and full accounting in writing as soon as possible.
• Collect documentation: bank statements, canceled checks, credit-card records, bills, receipts, and correspondence.
• Keep copies of everything you send to or receive from the PR or court.
• If you spot suspicious withdrawals, ask the court to compel an accounting and consider asking for a temporary freeze on distributions.
• Don’t delay. Preserve digital records (download statements) and physical documents; accounts and records can be lost or changed over time.
• Talk to the Probate and Family Court clerk for procedural questions and available forms, but remember clerks cannot give legal advice: Massachusetts Probate and Family Court.
• Consider consulting an attorney experienced in Massachusetts probate and fiduciary litigation if significant funds are at stake or the PR resists cooperating.
• If you suspect criminal conduct, preserve evidence and consider notifying law enforcement or the district attorney in addition to pursuing probate remedies.

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