Detailed Answer
Under Massachusetts law, the Probate Court appoints an estate administrator (personal representative) according to a specific order of priority. The priority list appears in M.G.L. c. 190B, §3-201. First in line is a surviving spouse, followed by children, grandchildren, parents, siblings and so on. If a higher-priority heir is unwilling, unable or disqualified, a lower-priority heir may seek appointment.
To obtain appointment when a higher-priority heir exists, the client must show that no one at the higher level is eligible to serve. This typically involves:
- Obtaining a signed waiver from the higher-priority heir, confirming they decline appointment (see M.G.L. c. 190B, §3-204).
- Filing a Petition for Appointment of Personal Representative in the Probate Court of the county where the decedent resided.
- Listing all heirs and their respective priorities in the petition.
- Attaching any waivers, medical or other records demonstrating incapacity, or other evidence that higher-priority heirs cannot or will not serve.
- Serving notice to all interested parties, including heirs and known creditors, and filing proof of service.
- Attending the court hearing, where the judge reviews the petition and supporting documents.
If the judge finds no qualified person at a higher priority, the court may appoint the client. The court may require a surety bond unless beneficiaries agree to waive it.
Helpful Hints
- Review the priority order in M.G.L. c. 190B, §3-201 before starting.
- Obtain clear, written waivers from higher-priority heirs to streamline the process.
- Ensure the petition lists every potential heir with correct contact information.
- File in the correct county probate court based on the decedent’s last residence.
- Prepare an Affidavit of Notice to prove service to all interested parties.
- Consider consulting a probate attorney to avoid procedural errors.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Massachusetts for advice tailored to your situation.