Detailed Answer
Under Massachusetts law, a personal representative must file a final accounting within one year of appointment or within the time set by the court. See M.G.L. c. 190B, § 3-913(b) (link). If you cannot meet the deadline, you must ask the Probate and Family Court for more time before the original date expires.
Follow these steps to request an extension:
- Prepare a Motion for Enlargement of Time. Draft a written motion stating the current deadline, the additional time you need, and the reasons (e.g., complex assets, delayed appraisals, health issues). Keep your explanation concise and factual.
- Complete a Notice to Interested Persons. Mass. R. Prob. P. 4 requires you to notify all beneficiaries and creditors. Use the court’s standard notice form or draft one that includes your motion’s key details.
- File and Serve the Motion. Submit the original motion, notice, and a proposed order to the Probate and Family Court clerk’s office in the county handling the estate. Serve copies on all interested parties by first-class mail or as the clerk directs.
- File a Proposed Order. Provide a proposed order granting the extension. Judges often rely on your form to set the new deadline.
- Attend a Hearing (if ordered). If the judge schedules a hearing, be prepared to explain why you need extra time. Unopposed motions for reasonable extensions are usually granted.
In some courts, the Massachusetts Rules of Civil Procedure, Rule 6(b), governs extensions of time. See Mass. R. Civ. P. 6(b) (link). However, the Probate and Family Court may follow its internal procedures, so always check local standing orders or call the clerk’s office.
Timeline Considerations:
- File your motion at least 10 days before the deadline if possible.
- If you miss the deadline without an extension, you risk surcharge, removal, or other court sanctions.
- Short extensions (30–60 days) are more likely to be approved without objection.
Checklist of Required Documents:
- Motion for Enlargement of Time
- Notice to Interested Persons
- Proposed Order
- Certificate of Service
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney or the Probate and Family Court for guidance on your specific situation.
Helpful Hints
- Review local court websites for standardized forms.
- Keep all communications in writing and save copies.
- Confirm service requirements with the clerk’s office.
- Consider informal agreements with beneficiaries before filing.
- Track new deadlines on a calendar and set reminders.