Detailed Answer
Short overview. If someone dies with no valid executor willing or able to serve, or if there is no will, the Probate and Family Court appoints a personal representative called an administrator (or co-administrators if the court allows multiple people). The process in Massachusetts starts with filing a petition in the Probate and Family Court for the county where the decedent lived, proving you are entitled to appointment, notifying interested persons, and receiving court-issued letters that authorize you to act for the estate.
Step-by-step: How to seek appointment
- Confirm whether an executor already exists. Check whether the decedent left a valid will that names an executor (sometimes called a personal representative). If a named executor is available and willing, that person has primary right to be appointed. If there is no will or no qualified executor, the court will appoint an administrator.
- Determine your priority to be appointed. Massachusetts follows statutory priority rules about who may be appointed personal representative (for a detailed list, see the Massachusetts Probate Code). Close family members (spouse, adult children, next of kin) generally have priority to serve. For statutory language, see Mass. Gen. Laws ch. 190B (Uniform Probate Code) § 3‑201: who may be appointed. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-201
- Decide whether to seek appointment alone or jointly. You can petition to be sole administrator or ask to serve with another person as co-administrators. The court will consider whether co-administration is practical and in the estate’s best interest. Co-administrators share authority and responsibility and must be able to cooperate or the court may limit appointment.
- Prepare the petition (petition for appointment of personal representative). Typical information the petition will include:
- Decedent’s name, date of death, and last address;
- Whether there is a will and whether you are named or are an interested person;
- Heirs or beneficiaries and their contact information;
- Estimated estate value and types of assets (bank accounts, real estate, vehicles, personal property, debts);
- Your relationship to the decedent and why you seek appointment;
- Whether you request bond to be waived or reduced (see below).
- File the petition with the Probate and Family Court. File in the county where the decedent lived. Bring or attach the original will (if there is one) and a certified death certificate. The court will collect a filing fee. For general court locations and contact information, see the Massachusetts Probate and Family Court site: https://www.mass.gov/orgs/probate-and-family-court
- Notify interested persons and publish notice if required. Massachusetts rules require notice to heirs, beneficiaries and other interested persons. The court may require you to publish notice to unknown creditors or unknown heirs depending on the circumstances. Proper notice gives others the opportunity to object to your appointment.
- Attend the hearing (if the court schedules one). The court will review the petition, any objections, and proof of notice. If there are no disputes and documents are in order, the judge usually appoints a personal representative and issues Letters of Administration (or Letters Testamentary if acting under a will). See the Probate Code for the court’s authority to issue letters: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
- Post bond if required. The court may require a surety bond to protect the estate from mismanagement. A will sometimes waives bond for a named representative; otherwise, bond can often be waived or reduced by the court based on the estate’s size and creditor/beneficiary agreement. If you are appointed with or without bond, the court’s order will state the bond requirement and conditions.
- Receive Letters of Administration and take control of estate assets. After appointment and after any required bond is in place, the court issues letters that banks and third parties accept as your authority to collect assets, pay debts, and distribute property under court supervision.
- Fulfill duties after appointment. As administrator (or co-administrator) you must inventory assets, notify creditors, pay valid claims, file required tax returns, keep records, and distribute remaining property according to the will or Massachusetts intestacy law. The court may require accountings at certain stages.
Special notes about co-administrators
The court can appoint co-administrators if it finds co-administration serves the estate’s interests. Practical considerations include:
- Co-administrators must be able to cooperate; if they disagree, the probate court may resolve disputes or limit powers.
- The court can define each co-administrator’s authority in its appointment order.
- Bond may be required for one or all co-administrators.
Where to find forms and local rules
Massachusetts Probate and Family Court provides local forms and instructions. Contact the clerk of the Probate and Family Court in the county where the decedent lived for mandatory forms, fee amounts, and hearing schedules. General court information: https://www.mass.gov/orgs/probate-and-family-court
Massachusetts’ probate statutes are collected in Chapter 190B (the Uniform Probate Code). Review the chapter for detailed legal rules: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
Typical timeline and costs
Timeline varies. An uncontested appointment often completes within a few weeks to a couple of months after filing. Contested petitions, bond issues or complex estates can take longer. Costs include court filing fees, possible bond premium, attorney fees if you hire counsel, and costs of publishing notice.
Disclaimer: This article explains general Massachusetts procedures and is not legal advice. Laws change and individual situations differ. Consult a licensed Massachusetts probate attorney or contact the Probate and Family Court clerk to address your specific facts.
Helpful Hints
- Before filing, gather the decedent’s original will, certified death certificate, recent bank statements, deed records, and a list of likely heirs/beneficiaries.
- If a will names an executor, communicate with that person before filing to avoid unnecessary conflict or duplication.
- Ask the court clerk which forms the local court requires. Using the correct local forms speeds processing.
- If co-administration is likely, agree in writing with your proposed co-administrator about who handles bank transactions, bill payments, and communications.
- Consider whether bond can be waived—beneficiaries sometimes consent to waive bond in writing, which can reduce costs and speed appointment.
- Keep careful records of all transactions and notices. Good bookkeeping reduces disputes and simplifies required accountings.
- When in doubt, consult a Massachusetts probate attorney to review the petition or represent you at hearings—especially for large or contested estates.