Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
Under Massachusetts law, a personal representative (formerly called an executor or administrator) must file accountings of the estate with the Probate and Family Court. These accountings include annual returns and a final accounting detailing all assets received, expenses paid, distributions made, and changes in principal. Key provisions include:
- G.L. c. 190B, § 3-907 (Annual Returns): Requires the personal representative to file annual accountings unless the court dispenses with that duty.
- G.L. c. 190B, § 3-908 (Final Account): Requires a final accounting when the estate is ready for distribution.
As an “interested person” (a beneficiary, heir, or creditor defined at G.L. c. 190B, § 1-201(30)), you have the right to review and obtain copies of these court-filed accountings. You may request copies directly from the personal representative. If they refuse or ignore your request, you can:
- File a motion in the Probate and Family Court to compel the personal representative to file or provide certified copies of the accountings.
- Use G.L. c. 215, § 27 (inspection of court records) to obtain copies of documents on the court docket, including accountings.
The court can impose sanctions or order payment of copying costs if the personal representative unreasonably withholds required information.
Helpful Hints
- Confirm your status as an “interested person” under G.L. c. 190B, § 1-201(30).
- Make a written request to the personal representative, noting the relevant statute (§ 3-907 or § 3-908).
- Check the court docket online or at the clerk’s office to see if accountings are already filed.
- Keep copies of all correspondence in case you need to show the court you attempted to resolve the issue informally.
- If you face refusal or delay, consider filing a motion to compel with the Probate and Family Court.