Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Massachusetts law, a personal representative (PR) handles estate administration after someone dies. If the decedent left a valid will, the will usually names a PR. If there is no will (intestate), Massachusetts General Laws (MGL) Chapter 190B governs who may serve.
1. When There’s a Will
If the decedent named you—regardless of being a mother-in-law—you qualify. The probate court generally honors the testator’s nomination, unless you’re unqualified (e.g., under 18 or incapacitated).
2. When There’s No Will
MGL c. 190B § 3-201(a) sets the priority for appointment:
- Surviving spouse.
- Children or descendants of children.
- Parents of the decedent.
- Siblings of the decedent.
- Other next of kin.
As mother-in-law, you don’t appear in the first four categories. You could petition only if no one in priority classes qualifies, dies, or declines. In that rare case, the court may consider “other next of kin” per MGL c. 190B § 3-201(b)(5) or appoint a suitable person under § 3-201(d). However, courts typically seek closer relatives first.
3. Unanimous Consent of Heirs
Heirs can agree to appoint a different person, even if not in the standard order. All qualified heirs must file a written waiver and nomination naming you. The court will review your fitness and may grant your appointment if no objections arise.
4. Filing the Petition
You start by filing a Petition for Appointment of Personal Representative in the Probate and Family Court in the county where the decedent lived. Include a certified copy of the death certificate, an affidavit of title if required, and any waivers or consents.
Key Statutes
- MGL c. 190B § 3-201 – Order of Priority for Appointment of Personal Representative (link).
- MGL c. 190B § 3-202 – Qualifications of Personal Representative (link).
Helpful Hints
- Check if the decedent left a will—this simplifies nomination.
- Review MGL c. 190B §§ 3-201 to 3-203 for appointment rules.
- Gather living heirs’ contact info for consents or waivers.
- File promptly; Massachusetts law requires probate within three years of death.
- Consider consulting a probate attorney to avoid delays or disputes.