Detailed Answer — What to do under Massachusetts law
This section explains, in plain language, how you can review probate court filings in your fathers estate and how to correct missing or incorrect entries under Massachusetts law. This is an overview and not legal advice. For case-specific guidance, consult a Massachusetts probate attorney.
1. Get the court file and docket
Start by obtaining the probate court docket and copies of all documents filed in the estate. Most estate matters are handled in the Probate and Family Court where the decedent lived. You can:
- Contact the clerks office at the local Probate & Family Court and request certified or uncertified copies of the case file.
- Use the courts public access resources and forms on the Massachusetts Probate & Family Court website: mass.gov/probate-and-family-court.
- Search statewide statutes and practice resources via the Massachusetts General Court: M.G.L. c. 190B (Probate & Estates).
2. Identify what is missing or incorrect
Compare the court filings to what you know about your fathers assets and the decedents will (if one exists). Look specifically for:
- Missing inventory items (real property, bank accounts, retirement accounts, life insurance proceeds).
- Incorrect valuations or descriptions.
- Missing petitions or notices (for example, no accounting or no creditor notice where required).
- Unauthorized distributions or transfers.
3. Try an informal resolution first
Massachusetts law encourages resolution without court fights when possible. Steps you can take:
- Ask the personal representative (executor/administrator) for a written explanation and copies of the inventory and accountings.
- Provide documentation of missing assets or correct values (account statements, deeds, insurance policies).
- Propose a stipulated amendment or an agreed accounting that the personal representative can file with the court.
4. If the informal route fails: formal court petitions you can file or request
If the personal representative will not correct errors, beneficiaries and interested persons have several remedies in Probate Court. Under Massachusetts General Laws governing probate and administration (see M.G.L. c. 190B), typical court actions include:
- Petition for an accounting Ask the court to order the personal representative to file a formal account showing receipts, disbursements, assets on hand, and distributions. The court can review and approve or deny the account.
- Motion to compel production of court records If the clerk refuses to provide copies, you can ask the court for an order compelling production.
- Petition to amend inventory or account Where filings omit assets or contain clerical errors, ask the court to require the personal representative to amend the inventory or file an amended account.
- Petition to surcharge or for damages If the personal representative wasted or misapplied estate assets, the court can hold them financially responsible for losses.
- Petition to remove the personal representative For persistent failures, misconduct, or breach of fiduciary duty, you can ask the court to remove the personal representative and appoint a successor.
- Request for temporary relief If assets are at risk of dissipation, you can ask the court for a temporary restraining order or other interim relief to preserve estate assets.
Find common Probate Court forms and filing instructions: Probate Court forms (mass.gov). For local filing procedures and clerk contact information, see the Probate & Family Court directory: Probate & Family Court.
5. What evidence to gather
To support a petition or correction, collect:
- Bank and brokerage statements.
- Deeds and property tax records.
- Retirement account statements and beneficiary designations.
- Insurance policies and beneficiary forms.
- Communications with the personal representative (emails, letters, notices).
- Receipts or invoices showing payments made by or to the estate.
6. Deadlines, notice, and standing
Not everyone can file every petition. Generally, an “interested person” such as a beneficiary, heir, or creditor has standing to ask the court to review estate administration. Time limits vary by claim type. Because deadlines and notice requirements matter, act promptly after you discover an omission or error. See M.G.L. c. 190B for the statutory framework governing estates and administration in Massachusetts.
7. Costs and bonds
Litigating in probate court may involve filing fees, service costs, and attorneys fees. If you petition to remove or surcharge a personal representative, the court may require a bond or security to protect the estate while the dispute continues.
8. Practical examples (hypothetical)
Example 1: You discover a bank account omitted from the inventory. Ask the personal representative in writing for an explanation and bank statements. If they refuse, file a petition for an accounting and to amend the inventory.
Example 2: The personal representative distributed funds to a third party without approval. Preserve evidence, request an emergency hearing to stop further distributions, and seek a surcharge or removal if necessary.
9. Where to get help
- Massachusetts Probate & Family Court information and forms: https://www.mass.gov/orgs/probate-and-family-court
- Massachusetts General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Find a lawyer or a lawyer referral through the Massachusetts Bar Association: https://www.massbar.org/for-the-public/find-a-lawyer/
Disclaimer: This article explains general Massachusetts procedures and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Massachusetts attorney.
Helpful Hints
- Begin by getting the court docket and all filed documents from the Probate & Family Court clerk; read the inventory and any accountings carefully.
- Keep written records of all communications with the personal representative and the court.
- Collect documentary proof of missing assets or incorrect values before requesting formal court action.
- Try an informal, written request to the personal representative first; courts favor cooperative solutions.
- If you file a petition, be specific about the relief you want (e.g., order to file an amended inventory, order for an accounting, surcharge, or removal).
- Act quickly. Some challenges have time limits and waiting can reduce your remedies.
- Consider mediation or alternative dispute resolution to save time and costs when appropriate.
- If you suspect theft or fraud, preserve evidence and consider contacting law enforcement as well as seeking immediate probate relief.
- Use official court forms available on mass.gov to reduce technical filing issues.
- If you cannot afford a lawyer, check for free or low-cost legal services or a lawyer referral through the Massachusetts Bar Association.