Serving as Administrator of an Intestate Estate in Massachusetts: Step-by-Step FAQ

Short answer: If your mother died without a will in Massachusetts, you can ask the Probate and Family Court in the county where she lived to appoint you as the personal representative (often called the administrator). The court will review a petition, verify heirship, decide who has priority, and issue letters of administration if it appoints you. This article explains the typical steps, the documents you will need, and your duties after appointment. This is educational information, not legal advice.

What is a personal representative (administrator)?

A personal representative (sometimes called an administrator when there is no will) is the person the court appoints to collect the decedent’s assets, pay valid debts and taxes, and distribute remaining property to heirs under Massachusetts intestacy rules. The role is a legal appointment with formal powers and duties handled through the Probate and Family Court.

Who can be appointed as administrator?

Massachusetts follows statutory priority for appointment: the surviving spouse, then adult children, then other next of kin. If multiple people in the same priority class petition, the court decides among them (often by agreement). The court will also consider competency and willingness to serve. The governing rules for probate procedure and appointment are in Massachusetts General Laws, Chapter 190B (Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

Step-by-step: How to apply to be appointed administrator

1. Confirm jurisdiction. File in the Probate and Family Court in the county where your mother was domiciled at death. Find court locations and contact information at the Probate and Family Court site: https://www.mass.gov/orgs/probate-and-family-court
2. Check whether you need full probate. Some small estates can be handled without formal administration (collection by affidavit or transfer with short forms). If the estate is small or consists only of certain assets, a simplified collection process may apply. Check court guidance or ask the clerk for eligibility.
3. Prepare and file a petition for appointment of a personal representative. The court accepts a petition (often called a Petition for Appointment of Personal Representative or similar). The petition asks the court to appoint you, lists heirs and next of kin, identifies assets and estimated values, and attaches the death certificate. Many counties provide forms online; see probate forms: https://www.mass.gov/orgs/probate-and-family-court/forms
4. Provide supporting documents. Typical attachments include an official death certificate, a list of known heirs with addresses, any available documentation of assets (bank statements, titles), and a proposed bond if required.
5. Give required notices. Massachusetts law requires notice to interested persons (heirs, creditors may need notice). The court will tell you what notices are required and how to publish notice to creditors if necessary.
6. Bond requirement. The court may require the personal representative to post a surety bond to protect the estate. Heirs entitled to the estate can often waive the bond in writing if they agree to your appointment. The court explains when a bond is required and how it may be waived.
7. Attend any hearing and obtain letters of administration. If the court approves your petition, it will issue letters of administration (or letters testamentary if there were a will). Those letters are the formal document banks, title companies, and others will ask to see before releasing assets to you.

After appointment: key duties of an administrator

• Locate and secure estate property (bank accounts, real property, personal property).
• Provide notice to creditors and pay valid debts and taxes in the proper order.
• Inventory the estate and, if required, file an inventory with the court.
• File any required tax returns (final income tax, and possibly estate tax if applicable).
• Distribute remaining assets to heirs according to Massachusetts intestacy rules.
• Close the estate with the court when administration is complete.

Common practical issues and how to handle them

If multiple family members want to be administrator, try to reach agreement and file a written waiver from those who do not object; the court prefers agreed appointments. If there are disputes about heirship or assets, you may need a hearing and possibly attorney assistance. Banks sometimes refuse to release funds without letters of administration or a bond; obtain the court’s letters promptly.

Where to find forms and statutory guidance

Massachusetts probate forms and local court procedures: https://www.mass.gov/orgs/probate-and-family-court

Probate law (Massachusetts General Laws, Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

Helpful hints

• Start by calling the clerk at the Probate and Family Court where your mother lived. Court clerks can confirm local forms, filing fees, and whether you qualify for simplified procedures.
• Gather basic documents before filing: death certificate, lists of assets and creditors, and names/addresses of heirs.
• If all heirs agree you should serve, obtain written waivers of bond and consent to your appointment—these speed the process and often eliminate bond costs.
• Keep careful records and receipts. Administrators must account to the court and heirs for financial transactions.
• If the estate has significant assets, contested claims, or complicated tax issues, consult an attorney experienced in Massachusetts probate law to avoid personal liability and delays.
• Search for “small estate” or “collection by affidavit” options with the court if the estate is modest—this can be faster and less costly than full probate.

Disclaimer: This article is educational and summarizes general Massachusetts probate procedure. It does not constitute legal advice. For specific legal guidance about serving as administrator and handling your mother’s estate, consult a licensed Massachusetts probate attorney or contact the Probate and Family Court clerk’s office for local instructions.