Detailed Answer
When a person dies without a will in Massachusetts, you must apply for letters of administration to manage their estate. You initiate this process at the Probate & Family Court in the county where the decedent resided. Follow these steps and use the required P-PR forms issued by the Massachusetts Court System.
1. Gather Required Documents
- Certified copy of the decedent’s death certificate.
- List of known heirs and their contact information.
- Estimate of the decedent’s estate value.
2. Complete the Petition for Letters of Administration
File Form P-PR-1: Petition for Appointment of Personal Representative Without a Will. Provide decedent details, heirship information, and asset estimates. Download the form from the Probate & Family Court forms page: Massachusetts Probate & Family Court Forms.
3. Prepare Notice and Waiver Forms
- Form P-PR-2: Notice to Interested Persons
- Form P-PR-3: Notice to Creditors
- Form P-PR-17: Waiver of Notice (if heirs agree not to be formally notified)
4. Post and File a Bond (If Required)
The court may require a surety bond under MGL c. 190, § 12. Complete Form P-PR-5: Bond of Personal Representative. The court sets the bond amount based on the estate’s value.
5. File Acceptance and Renunciations
- Form P-PR-6: Oath by Personal Representative
- Form P-PR-7: Acceptance of Appointment
- Form P-PR-11: Renunciation of Priority (if certain heirs decline to serve)
6. Submit the Forms and Fees
File all completed forms, the original death certificate, and the required filing fee with the Probate & Family Court clerk. Fee schedules vary by county; check the local court website for current amounts.
Relevant Statutes
- MGL c. 190, § 10 – Appointment of Administrator
- MGL c. 190, § 12 – Bond Requirements
Helpful Hints
- Check county-specific filing fees and court hours before you go.
- Review local Probate & Family Court rules for any additional requirements.
- Obtain multiple certified death certificates—for banks and other institutions.
- Keep copies of all filed documents and proof of service.
- Consider informal family agreements to simplify heirship issues.
Disclaimer: This article is for educational purposes only and is not legal advice. For guidance on your specific situation, consult a qualified attorney.