Short overview: In Massachusetts probate court the person who applies for letters of administration (also called appointment as personal representative or administrator when there is no will) must be qualified and entitled under state law. If your sibling applies and you believe they are not entitled, not qualified, or are acting improperly, you can formally oppose that application by filing an objection and asking the Probate and Family Court to hold a hearing. This article explains common legal grounds to challenge an appointment, the practical steps to take, what evidence you’ll need, typical outcomes, and next steps if the court rules against you.

Disclaimer: This is general information only and not legal advice. For advice specific to your situation, contact a Massachusetts probate attorney or the Probate and Family Court.

Who may be entitled to letters of administration under Massachusetts law?

When a person dies without a valid will, the court follows statutory priority rules to decide who is entitled to be appointed personal representative. The court also checks that the proposed administrator is legally qualified (age, residence, not disqualified due to felony or incapacity). For the statutory framework that governs appointment and priority, see the Massachusetts probate statutes (Mass. Gen. Laws, Chapter 190B) and the Probate and Family Court rules. For general guidance from the Massachusetts courts, see the Probate & Family Court pages on opening a probate case and filing forms: https://www.mass.gov/orgs/probate-and-family-court and the general Massachusetts laws chapter on probate matters: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter190B

Common legal grounds to challenge a sibling’s application

• Priority: Another person (spouse, adult child, parent, or a different heir) has superior priority under the intestacy rules.
• Qualification issues: The sibling is under age, is nonresident if residency is required, has been convicted of certain felonies, or is otherwise statutorily disqualified.
• Unsuitability or incapacity: The sibling is mentally or physically incapable of handling estate duties, has substance abuse, or otherwise cannot manage estate affairs safely.
• Conflict of interest or misconduct: Evidence of self-dealing, theft, concealment of assets, or other misconduct that would make them unfit.
• Fraud or false statements: The application or supporting affidavits contain false statements, or notice was not given as required by law.
• Undue influence or coercion: The sibling coerced the decedent into actions that affect the estate or improperly excluded other heirs.
• Failure to give required notice: Interested persons did not receive the notice required by the Probate Court rules before letters were issued.

Steps to formally challenge (practical checklist)

1. Get the case number and file list: Find whether a probate case was opened and get the case number at the local Probate & Family Court. The court clerk can tell you if an application for letters has been filed and whether letters have already issued. Probate Court information: https://www.mass.gov/orgs/probate-and-family-court
2. Act quickly: Time limits apply. Some objections must be filed promptly after notice; do not wait. If letters already issued, there are procedures to contest the appointment or ask the court to revoke or limit the letters.
3. File a written appearance and objection: Go to the court where the case is filed. File a written “Appearance” or “Objection to Petition for Appointment” (the exact form name varies by court). In your filing say who you are, your interest in the estate (heir, creditor, etc.), and the specific grounds for objection. The court clerk or local court forms page can show the correct form: https://www.mass.gov/orgs/probate-and-family-court/forms-and-fees
4. Support with evidence: Attach any documents that support your objection: death certificate, family tree or genealogical proof, medical records showing incapacity (if applicable), criminal records, bank statements, correspondence that shows misconduct, or affidavits from witnesses. Make clear, factual statements; avoid argument without evidence.
5. Request a hearing: Ask the court for a hearing on the objection. The clerk will schedule the hearing and give notice to the applicant and other interested persons.
6. Prepare for the hearing: Prepare a short, organized presentation: timeline of events, the legal basis for your objection, and exhibits. Bring original documents and multiple copies. Consider witness testimony (written affidavit or in-person witness). If the case involves complex financial misconduct, consider hiring a forensic accountant or attorney.
7. Possible interim steps: If you fear immediate harm to estate assets, you can ask the court for temporary relief (e.g., to require the proposed administrator to post bond, provide an accounting, or be limited in authority) while the objection is resolved.
8. If you lose at the hearing: You can ask the court for reconsideration or appeal the decision. Appeals have strict time limits. Ask the clerk about deadlines or consult an attorney right away.

What the court may order

• Deny the application and appoint a different person with higher priority.
• Allow appointment but impose conditions (require bond, conservatorship oversight, or supervision).
• Limit the administrator’s powers (e.g., prohibit sale of assets without court approval).
• Revoke already-issued letters and appoint someone else or require accounting and restitution if misconduct occurred.

Evidence and records to gather now

• Death certificate and any copy of a will (if one exists).
• Proof of your relationship to the decedent (birth certificates, marriage certificates).
• Financial records (bank statements, titles, deeds) that identify estate assets.
• Communications showing the sibling’s conduct (emails, letters, texts).
• Medical or criminal records if incapacity or felony conviction is alleged.
• Witness names and statements who can confirm facts you allege.

When to consult an attorney

If the estate has significant assets, complicated claims, disputes among multiple heirs, or allegations of fraud, hire a Massachusetts probate attorney. An attorney can file pleadings correctly, gather evidence, subpoena documents, and present legal argument in court. For simpler matters, the Probate & Family Court has forms and clerks can point you to resources, but clerks cannot give legal advice.

Helpful Hints

• Start by contacting the local Probate & Family Court clerk—get the case number and the exact name of the filed petition.
• File a written objection promptly and request a hearing in writing.
• Be factual and document-driven: courts decide on evidence, not emotion.
• If you seek an emergency order (to freeze assets or require bond), explain clearly why delay would cause irreparable harm.
• Keep copies of every document you file with the court and get stamped receipts of filings.
• If you can’t afford a lawyer, ask the court about free or low‑cost legal services and local legal aid organizations through MassLegalHelp: https://www.masslegalhelp.org/.
• Check the Probate & Family Court forms and fee lists before going to court so you know what to file and what fees apply: https://www.mass.gov/orgs/probate-and-family-court/forms-and-fees
• Remember appeal deadlines—if the judge rules against you, the clock to appeal is short; ask the clerk for exact deadlines immediately after the decision.