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Managing estate expenses and ongoing bills during probate in Massachusetts falls primarily on the personal representative (also known as executor). The personal representative must safeguard assets, pay valid claims, and ensure continuity of essential services.

1. Appointment of Personal Representative

After filing a petition with the probate court, the court issues Letters Testamentary or Letters of Administration. These letters grant authority to act on behalf of the estate. Only after receiving these letters can the personal representative access estate accounts to pay expenses. See M.G.L. c. 190B, § 3-201: Appointment of Personal Representative.

2. Interim Expenses and Ongoing Bills

While the probate process is pending, creditors and service providers may incur ongoing bills, such as utility charges, mortgage payments, or insurance premiums. The personal representative should:

• Open a dedicated estate bank account.
• Deposit estate funds into that account.
• Use it exclusively to pay interim expenses to avoid commingling personal and estate assets.

3. Priority of Payments

Massachusetts law establishes a payment hierarchy for claims and expenses. Administrative costs and funeral expenses typically rank highest. Next come secured debts and priority claims. Finally, general unsecured creditors receive payment. For details, see M.G.L. c. 190B, § 3-803: Claims Against the Estate.

4. Establishing Cash Reserves

The personal representative may reserve funds to cover unexpected bills or late claims. Maintaining a cash reserve helps prevent delays in distribution to beneficiaries once the estate closes.

5. Court Approval and Final Accounting

Before closing the estate, the personal representative must file a final accounting with the probate court. The court reviews payments made, approves the accounting, and authorizes distribution of remaining assets to beneficiaries.

6. Practical Steps

1. File a petition for probate to obtain Letters Testamentary or Administration.
2. Identify and notify creditors to submit claims.
3. Open an estate bank account to segregate funds.
4. Compile a comprehensive list of ongoing bills and due dates.
5. Pay bills in the order required by statute.
6. Prepare and file accountings with the probate court for approval.

Helpful Hints

• Maintain detailed records of all estate transactions.
• Pay recurring bills promptly to avoid late fees or service interruptions.
• Engage an accountant to ensure accurate financial tracking.
• Notify utility and service providers of the decedent’s passing immediately.
• Confirm whether the court requires a surety bond for the personal representative.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Massachusetts for guidance tailored to your situation.