Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
If you are a beneficiary under a will or the intestacy laws of Massachusetts and the estate administrator (also called a personal representative) has not paid your inheritance share, you can use the Massachusetts Probate Code to compel distribution. Below is an overview of key steps and the statutes that govern them.
- Send a written demand. Before going to court, you should send the administrator a formal written request for your share. Include a copy of the will (if any) and reference the deadline for distribution under M.G.L. c.190B §5-410.
- Petition for citation to discover assets and show cause. If the administrator does not respond, file a petition under M.G.L. c.190B §3-703 to have the court order the administrator to disclose estate assets, explain delays, and show cause why they have not distributed funds. M.G.L. c.190B §3-703
- Request an accounting and order of distribution. File a petition under M.G.L. c.190B §5-410. This petition asks the Probate Court to review the administrator’s account, allow it, and order immediate distribution of your share. The court must act within 30 days of filing. M.G.L. c.190B §5-410
- Pursue surcharge for breach of fiduciary duty. If the administrator mismanaged assets or unreasonably delayed payment, you can petition for a surcharge. Under M.G.L. c.190B §5-403, the court may hold the administrator financially liable for losses and interest. M.G.L. c.190B §5-403
- Seek removal of the administrator. In cases of gross misconduct or persistent failure to perform duties, you can ask the court to remove the administrator and appoint a successor under M.G.L. c.190B §3-801. M.G.L. c.190B §3-801
All petitions must be filed in the Probate and Family Court in the county where the estate is administered. Make sure you follow local court rules for filings, service on interested parties, and payment of any required fees. Consulting a probate attorney can help you prepare persuasive pleadings and navigate procedural requirements.
Helpful Hints
- Keep organized copies of the will, estate inventory, accountings, and all correspondence.
- Note statutory deadlines: distribution typically occurs within 30 days after allowance of account under §5-410.
- Serve all petitions on the administrator and other interested parties according to court rules.
- Track estate expenses and administrator commissions—they reduce your net share.
- Consider informal mediation to resolve disputes before seeking court orders.