Detailed answer: What you can do if you never received notice of a parent’s final accounting (Massachusetts)
This article explains, in plain language, common steps people take under Massachusetts law when a relative files a final accounting in a parent’s probate case and you were not given notice. This is a general explanation only — it is not legal advice.
Massachusetts probate law gives “interested persons” certain rights to notice and to challenge filings in an estate. The laws and court rules that control these rights are located in Massachusetts General Laws, Chapter 190B (the probate code) and the Probate and Family Court rules and local procedures. You can read the statute chapter here: Mass. Gen. Laws ch. 190B, and learn about Probate & Family Court procedures and forms here: Massachusetts Probate and Family Court (mass.gov).
Step-by-step: What to do next
- Confirm whether notice was given and get court papers. Visit or call the Probate and Family Court that handled your parent’s estate and ask for the case docket and the final accounting (often called a final account or account and distribution). Court staff can provide the docket number and copies of filed documents. This confirmatory step is necessary before you act.
- Check whether you qualify as an “interested person.” People who typically qualify include beneficiaries named in the will, heirs at law (if there is no will), creditors, and sometimes close relatives who have a financial interest. If you are an interested person, you generally have the right to notice and the right to challenge accountings.
- Look for a notice or certificate of service in the court file. The estate’s paperwork often contains a certificate of service attesting that the personal representative mailed or otherwise gave notice to interested persons. If no certificate exists or it lists different recipients, that helps your position.
- Act quickly. Time limits can be short. The court may treat a long delay unfavorably, and statutes or court rules may limit how and when you can object after an accounting is allowed. Even if you don’t know the exact deadline, file a motion or petition promptly to preserve your rights and ask the court for relief.
- File a motion or petition with the Probate and Family Court. Typical filings when you did not receive notice include:
- A written objection to the final account (if the court will still accept objections);
- A petition to reopen, revoke, or set aside the allowance of the account based on lack of proper notice;
- A motion for relief asking the judge to set aside any order that was entered without proper notice and to require the fiduciary to give you notice and a new opportunity to be heard;
- A petition to compel an accounting if you never received any accounting at all;
- A request for interim relief, such as a citation or temporary order preventing distribution while the notice issue is resolved.
The exact name and content of the pleading may vary. If the court already allowed the accounting and entered a decree, you may need to ask the court to reopen or vacate that allowance on grounds of defective service or lack of notice.
What the court will consider
The judge will review whether the personal representative followed the required notice procedures and whether you are an interested person entitled to notice. If the court finds you did not receive proper notice, common remedies include ordering new or corrected notice, reopening the accounting so you can object, or, in some cases, ordering a new accounting or awarding costs against the fiduciary.
Possible outcomes and remedies
- Reopening the probate or accounting to give you a chance to object.
- Requiring the fiduciary to re-serve notice to all interested persons.
- Ordering a new accounting or adjustments if the fiduciary’s accounting was improper.
- Monetary relief (surcharge) against a fiduciary who breached duties or failed to give required notice.
- Removal of the personal representative in serious cases of misconduct.
Practical evidence and information to collect now
- Proof of your relationship to the decedent (birth certificate, family tree, will naming beneficiaries).
- Copies of any communication you received (or did not receive), such as letters, emails, or notices.
- Any evidence that you would have benefited from timely notice (copy of will, beneficiary designations, or expectation of inheritance).
- Court docket number and copies of filings you obtain from the Probate and Family Court.
When you should get a lawyer
Probate procedural rules and deadlines can be technical. If the estate is large, the accounting contains complex transactions, or the personal representative resists reopening the estate, hire a Massachusetts probate attorney. An attorney can prepare precise pleadings, calculate deadlines, and represent you at hearings.
To start, consider asking a probate attorney for a short consultation to review the court file and advise whether you have grounds to reopen the case or to object.
Where to find forms and court help
Massachusetts Probate and Family Court provides forms and instructions for various probate filings. Find those resources here: Probate & Family Court forms (mass.gov). If you need additional self-help information, the court’s clerks can point you to procedural rules and local practices, but they cannot give legal advice.
Reminder: This is not legal advice. Consult a Massachusetts-licensed probate attorney for guidance tailored to your facts.
Helpful Hints
- Act immediately. Even if you are unsure how long ago the accounting was allowed, prompt action preserves more options.
- Get the court file. The docket and filed documents are the primary evidence about whether you received notice.
- Document attempts to contact the personal representative. Emails, texts, or phone logs showing you were not contacted can help your case.
- Ask the court clerk how to file emergency pleadings if heirs are being paid out while you contest notice.
- Consider mediation. Many probate disputes resolve faster and cheaper with settlement instead of a long court fight.
- Keep an organized folder with all estate papers, communications, and proof of relationship. That speeds up any lawyer’s review.
- If the estate is small and the cost of litigation would exceed potential recovery, consider negotiating for a limited remedy (for example, a payment to avoid further expense).
Key references: Massachusetts General Laws, Chapter 190B (probate statutes): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B. Probate & Family Court information and forms: https://www.mass.gov/orgs/probate-and-family-court.
Disclaimer: This article explains general Massachusetts probate principles and common courtroom steps. It does not constitute legal advice and does not create an attorney-client relationship. Consult a Massachusetts probate attorney about the specific facts and deadlines that apply to your situation.