Detailed Answer
When someone dies without a will in Massachusetts, they die intestate. The Probate and Family Court must appoint an administrator to manage and distribute the decedent’s estate under Mass. Gen. Laws c.190B, §3-301. A potential heir can petition the court to serve as administrator by following these steps:
1. Determine Your Priority as an Heir
The court follows a strict priority order when appointing an administrator. Under the intestacy rules, the court first considers:
- Surviving spouse
- Children and their descendants
- Parents
- Siblings and their descendants
- Other next of kin
- Creditors or other interested persons
If multiple persons share the same priority (for example, multiple children), any one of them may petition. If none come forward, the court advances to the next class.
2. File a Petition for Appointment
File a “Petition for Appointment of Personal Representative” in the Probate and Family Court where the decedent lived. Your petition should include:
- Certified copy of the death certificate
- List of all known heirs and their relationships
- Your statement of interest and your relationship to the decedent
- Affidavits of consent from other heirs, if available
- Proposed surety bond (unless waived)
3. Provide Notice and Pay Fees
After filing, the court issues a citation to all interested parties. Serve the citation—typically by mail—according to court rules. The standard filing fee in Massachusetts is about $175, though it can vary by county.
4. Post a Surety Bond
The court generally requires an administrator to post a surety bond to secure the estate’s assets. Massachusetts courts may waive or reduce the bond if all heirs waive in writing or if the estate qualifies under statutory exemptions.
5. Attend the Court Hearing and Obtain Letters
If no one objects, the judge signs an Order of Appointment. The court clerk issues “Letters of Administration,” which give you legal authority to collect assets, pay debts, and distribute property under Massachusetts intestacy law.
References
• Appointment of Personal Representative (Intestate): Mass. Gen. Laws c.190B, §3-301
• Who May Serve as Personal Representative: Mass. Gen. Laws c.190B, §3-201
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- File your petition promptly to avoid undue delays in estate administration.
- Compile a full list of potential heirs with up-to-date contact information before filing.
- Research existing probate filings via MassCourts’ online docket system.
- Consider consulting a probate attorney for complex estates or bonded approval.
- Maintain clear, written records of all estate-related communications and transactions.