Detailed Answer
When someone dies without a named executor or when the named executor cannot serve, a close relative — commonly called the next of kin — often asks whether they can be appointed to manage the decedent’s estate. In Massachusetts the probate court appoints a personal representative (often called an administrator when there is no will). To be appointed, a next of kin must meet legal and practical qualifications and follow the court’s appointment procedure.
Who has priority to be appointed?
Massachusetts follows the priority rules set out in the state probate code. In general, priority goes to the person with the closest relationship to the decedent who is eligible and willing to serve. The statutory priority rules are available in Massachusetts General Laws, Chapter 190B; see the provision on priority of appointment here: M.G.L. ch. 190B §3-201. Typical priority order used by courts (subject to statutory detail) places a surviving spouse and adult children near the top, followed by parents, siblings, and more remote relatives. The court will appoint the highest-priority person who is qualified and who files the proper petition.
Basic qualifications a next of kin must meet
- Adult capacity: Generally the person must be an adult (18+) and legally competent.
- Willingness and availability: The person must be willing to serve and able to perform duties (inventory assets, pay debts, distribute property, file tax returns).
- Not disqualified by law: Persons who are legally disqualified (for example, under certain felony or conflict-of-interest rules) cannot be appointed. The court can refuse someone for cause.
- Priority under the statute: The person must hold the required place in the statutory priority list or be nominated in the decedent’s will.
Typical court process to get appointed
- Locate the original will (if any). If there is a valid will that names a personal representative, that person has priority subject to qualification and acceptance.
- File a petition for appointment with the Probate and Family Court in the county where the decedent lived. The Massachusetts guide for opening an estate explains practical steps and local forms: How to open an estate in probate (Massachusetts).
- Provide the required documents: death certificate, list of heirs/next of kin, asset information, and any required forms for the court.
- Bond requirement: The court may require a surety bond unless the will waives bond or interested persons agree to waive it. Bond protects creditors and heirs if the representative mismanages the estate.
- Notice and opportunity to object: The court gives notice to interested parties. Any heir or creditor may object to the appointment and the court will decide.
- Appointment and Letters: If the court approves, it issues Letters of Administration (or Letters Testamentary if under a will) that give the appointee legal authority to act.
Special situations and practical points
– If the decedent named someone in a will, that nominee usually has first right to be appointed, but that person may decline or be disqualified. – Multiple heirs sometimes petition jointly to be co-administrators; courts allow co-administrators but often prefer a single administrator to avoid conflict. – If heirs disagree, the court resolves appointment disputes by weighing statutory priority and the best interests of the estate. – If the decedent had assets held jointly or with beneficiary designations, those assets may pass outside probate and not be managed by the administrator.
Short hypothetical
Hypothetical: Maria dies leaving no will. Her surviving family includes a spouse and two adult children. The spouse files the petition to be appointed administrator. Under Massachusetts priority rules the spouse is the first likely nominee, so the probate court will consider the spouse first. If the spouse is qualified, willing, and not disqualified, the court normally appoints the spouse and issues Letters of Administration after required filings and any bond considerations.
Helpful Hints
- Collect documents before filing: certified death certificate, list of bank and investment accounts, deeds, titles, and any insurance policies.
- Check for a will first: a valid will can change who has priority. If a will exists, bring the original to the court.
- Prepare an heir list: courts require the names and addresses of heirs or next of kin.
- Consider bond early: talk to the court clerk about whether bond is required and how much it will be.
- Use local Probate & Family Court resources: find forms and local rules on the Massachusetts Probate & Family Court site: Massachusetts Probate & Family Court.
- Get legal help for complex estates: if the estate has significant debts, tax issues, or family disputes, consult an attorney experienced in Massachusetts probate law.
- Act promptly: probate deadlines exist for creditor claims and tax filings; prompt appointment helps protect estate value.
Disclaimer: This article explains general Massachusetts probate practice and statutory priority rules for appointments, but it is not legal advice. For advice about a specific situation, consult a qualified probate attorney or contact the local Probate and Family Court.