Detailed Answer — How to be appointed administrator of a sister’s estate in Massachusetts when there is no will

Short answer: If your sister died without a will (intestate), you can ask the Probate and Family Court in the county where she lived to appoint you as the personal representative (commonly called the administrator for an intestate estate). The court will follow Massachusetts law on who has priority to serve. You must file a petition, provide required documents and notice to interested persons, and satisfy any bond or eligibility rules the court applies.

Disclaimer: This is general information and not legal advice. Consult a probate attorney or the Probate & Family Court if you need legal advice about a specific case.

1. Who has priority to be appointed?

Massachusetts law sets a priority for appointment of a personal representative when someone dies intestate. Surviving spouses and descendants have the highest priority. If no spouse or descendants exist, the court looks next to parents, then siblings, and then more remote relatives. The court will generally appoint the highest-priority living person who petitions and is qualified to serve. For the statutory framework, see Massachusetts General Laws, Chapter 190B (Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B and the intestacy provisions at M.G.L. c.190B §3‑201.

2. Practical steps to get appointed

1. Confirm the facts of intestacy and heirs. Verify there is no valid will (check the decedent’s home, with family, and requested searches). Identify possible higher‑priority persons (surviving spouse, children, parents). If any have priority and want to serve, the court normally appoints them instead of a sibling.
2. Locate the correct Probate and Family Court. File your petition in the Probate and Family Court for the county where your sister lived when she died. The Probate & Family Court home page and local court information are here: https://www.mass.gov/orgs/probate-and-family-court.
3. Prepare and file a petition. The usual filing is a petition to be appointed personal representative (sometimes called Petition for Probate and Appointment). The court has standard forms and filing instructions. The clerk will tell you which form to use and the filing fee, if any. See Probate & Family Court forms and instructions at https://www.mass.gov/lists/probate-and-family-court-forms.
4. Gather documents to attach. Typical attachments include the original or certified copy of the death certificate, a completed family tree or heir information (names/addresses/relationships), an inventory or list of known assets, and any documentation proving your relationship to the decedent (birth certificate, etc.).
5. Provide notice to interested persons. The court requires notice to other heirs and interested persons. If someone with higher priority objectsto your appointment, the court will resolve the dispute.
6. Bond and qualifications. The court may require a surety bond for a personal representative. Courts routinely waive bond for close family members (often spouses or adult children) when circumstances support a waiver, but a sibling might or might not receive a waiver depending on the estate and local practice. Expect the clerk or judge to ask about the estate’s value and whether assets require a bond.
7. Court review and appointment. If no one objects and the court finds you eligible, the judge will enter an order appointing you and issue letters/certificate of appointment (sometimes called Letters of Administration). With those letters you can access assets, close accounts, and act on behalf of the estate.
8. Post-appointment duties. As administrator you must take an oath, file an inventory, notify creditors (and allow time for claims), pay valid debts and taxes, and distribute assets according to Massachusetts intestacy law. You may also need to file a final account with the court when the estate is ready to close.

3. What if someone objects or another person has priority?

If a higher‑priority person (for example, a surviving spouse or child) petitions first or objects, the court generally appoints that person instead. If another person files an objection or petitions for appointment and you both claim priority, the court will hold a hearing and apply the statutory priority rules. If there is a dispute about the validity of the alleged heirs or whether a will exists, the matter can be contested—if that happens, consider getting legal representation.

4. Common timelines and costs

Timelines vary. If the estate is straightforward and no one objects, appointment can happen in a few weeks after filing. Contested matters or complex estates can take months. Filing fees, publication costs (if required), bond premiums (if a bond is required), and possible attorney fees are typical costs. Check the local Probate & Family Court clerk for current fee schedules.

Helpful Links

• Massachusetts General Laws, Chapter 190B (Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Intestacy rules (see §3‑201): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-201
• Massachusetts Probate & Family Court (court locations, forms): https://www.mass.gov/orgs/probate-and-family-court
• Probate & Family Court forms and instructions: https://www.mass.gov/lists/probate-and-family-court-forms

Helpful Hints

• Start by contacting the Probate & Family Court clerk’s office where your sister lived. Clerks can tell you which form to file and what the local procedures are.
• If a surviving spouse or children exist, they usually have priority. Confirm the full family situation before investing time in a petition.
• Gather proof of your relationship (birth certificates, family records) before filing—this speeds the clerk’s review.
• Ask whether the court will waive bond for you. If bond is required, ask the clerk for local bonding companies or surety agents.
• Prepare a simple asset list (bank accounts, real estate, vehicles). The court and financial institutions will want documentation before releasing assets.
• If the estate looks small, ask the clerk about simplified or summary procedures. Some small estates have streamlined processes, but rules and thresholds vary.
• If someone contests your appointment, consider getting an attorney experienced in Massachusetts probate—contested hearings can hinge on technical statutory rules and proof of relationship.
• Keep detailed records of all estate transactions, bank statements, receipts, and communications. You will need them for inventory and final accounting.
• Use the official Massachusetts court and legislature websites linked above for reliable forms and statutory text. Avoid third‑party checklists that may be outdated.

If you want, tell me the county where your sister lived or whether she had a spouse or children, and I can outline the likely priority and the specific local Probate Court to contact. Remember: this information is educational and not a substitute for personalized legal advice.