Overview

This FAQ explains how to apply to be appointed the personal representative (also called executor or administrator) of a deceased relative’s estate in Massachusetts. It walks you through eligibility, necessary documents, where to file, basic steps in the court process, and what to expect after appointment. This is general information only and not legal advice.

1. Who can be appointed as personal representative under Massachusetts law?

Massachusetts law generally allows an adult who is legally competent to serve as a personal representative. The court follows statutory priority when multiple people seek appointment. For the statute that governs appointment and order of priority, see Mass. Gen. Laws ch. 190B (Uniform Probate Code), especially Section 3-201: M.G.L. c.190B §3-201. For the full chapter, see: M.G.L. c.190B.

2. Basic steps to apply for appointment

Below are the typical steps. Specific local procedures and forms vary by Probate & Family Court location.

1. Confirm whether there is a will and who is named. If the decedent left a will, it usually names a person to serve as personal representative (often called executor). The named person has first priority for appointment.
2. Gather required documents. Typical items you will need to file with the court include:
   • Original will (if one exists).
   • Certified death certificate.
   • Petition for Appointment of Personal Representative (probate petition).
   • List of heirs and beneficiaries and their contact information.
   • Any signed waivers of bond or forms from beneficiaries, if they agree to your appointment without bond.
   • Filing fee (varies by court).
3. File the petition at the Probate & Family Court where the decedent lived. File the petition and supporting documents with the Probate & Family Court in the county where the decedent resided. You can find court locations and administrative information at the Massachusetts Probate & Family Court page: https://www.mass.gov/orgs/probate-and-family-court.
4. Serve or notify interested persons. After filing, the court will require notice to the decedent’s heirs and beneficiaries. If someone contests the appointment or the will, the court must address the contest.
5. Court review, possible hearing, and appointment. If the will is presented and no timely objection arises (or after the court resolves objections), the court will appoint the personal representative and issue letters testamentary (if there is a will) or letters of administration (if there is no will). These letters give you the authority to act for the estate.

3. Informal vs. formal probate

Massachusetts procedures include informal and formal processes. Informal probate is often quicker when there is no dispute and the paperwork is in order. If someone objects, or if disputes exist about the will or the proposed appointee, the court may schedule a formal hearing. The court will explain whether your case qualifies for informal appointment when you file.

4. Bond (surety) and waivers

The court may require a bond (insurance guaranteeing faithful performance) unless beneficiaries waive the bond or the will specifically waives it and state law allows that waiver. Beneficiaries can sign waivers that may reduce or eliminate the bond requirement. See provisions in Chapter 190B for fiduciary duties and security requirements: M.G.L. c.190B.

5. Duties after appointment

Once appointed, your duties typically include:

• Collecting and securing estate assets.
• Providing notice to creditors and paying valid debts and taxes.
• Filing inventories and accountings as required by the court.
• Distributing remaining assets to heirs or beneficiaries according to the will or state law if there is no will.

The Probate & Family Court can provide information on filing inventories and accountings. If you expect complex tax issues, real estate sales, or contested claims, consider getting legal advice.

6. Typical timeline and costs

Timelines vary. An uncontested informal appointment can take a few weeks; contested or complex estates can take months or longer. Filing fees vary by court and by the size/type of estate. Expect additional costs for certified copies, publication or notice fees, bond premiums (if required), and professional help (appraisers, attorneys, accountants).

7. When to consult an attorney

Consider speaking with an attorney if:

• Anyone contests the will or your appointment.
• The estate owns real property, businesses, or out-of-state assets.
• There are complex tax issues or creditor disputes.
• You are unsure how to inventory assets or handle claims.

An attorney can explain options, represent you at hearings, and help with required filings and accounting.

Helpful Hints

• Start by locating the original will (if any) and multiple certified death certificates from the funeral home or registry of vital records.
• Contact the local Probate & Family Court clerk’s office before filing to confirm required local forms and fees for your county: Massachusetts Probate & Family Court.
• Collect contact information for heirs, proposed beneficiaries, and possible creditors before filing to streamline notice requirements.
• Ask beneficiaries to sign a written waiver of bond if they agree — this can save money and speed appointment.
• Keep clear records and receipts for all estate transactions from the start; you will need them for the estate accounting.
• If the estate includes real estate, bank accounts, retirement accounts, or business interests, ask whether any of those assets pass outside probate (e.g., by beneficiary designation), which can simplify administration.

Key Massachusetts statute

For statutory guidance on appointment and priority, see Mass. Gen. Laws ch. 190B, §3-201: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-201. For the complete text of the Uniform Probate Code as enacted in Massachusetts, see: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

Where to get forms and local info

Probate forms, local court rules, and contact information are available from the Massachusetts Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court. The court clerk can confirm exact filing requirements for your county.

Disclaimer: This article provides general information about Massachusetts probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Massachusetts probate attorney or contact the Probate & Family Court clerk.