What the law generally says in Massachusetts

Massachusetts handles estate administration under the Massachusetts Probate Code (Massachusetts General Laws, Chapter 190B). The court appoints a “personal representative” (often called an executor under a will) to collect assets, pay debts and taxes, and distribute what remains under the will or state law. If the person nominated in the will refuses to serve, renounces, is incapacitated, or fails to qualify, the court appoints another person according to the will’s terms or the statutory priority rules.

For the Probate Code and related provisions, see Massachusetts General Laws, Chapter 190B: malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter190B.

Step-by-step: What to do if the named executor refuses

1. Confirm the refusal and ask for a written renunciation

Ask the sibling who was named to sign a written renunciation of their right to serve. A signed renunciation makes the process simpler: the Probate Court treats a renunciation as if that person does not want appointment, and the next-named person or the court can move forward. The Probate Court has forms and filing procedures for renunciation and appointment. See Probate and Family Court forms: mass.gov/probate and family court forms.

2. Check the will for alternates or instructions

If the will names an alternate executor (for example, “If A cannot serve, then B shall serve”), the alternate has priority to petition and qualify. If you are that alternate, file a petition with the court along with the original will and death certificate.

3. If there is no alternate named (or alternates won’t serve), you can petition the Probate Court

File a petition for appointment of a personal representative in the Probate and Family Court where the decedent lived. Typical items to file or bring:

• The original will (if any).
• Certified copy of the death certificate.
• A petition or application form (local court forms vary).
• Any renunciation signed by the named executor, if available.
• Information about assets, heirs and interested parties.

The court gives notice to interested persons (heirs, beneficiaries, the nominated executor). If the nominated executor has formally renounced or clearly will not act, the court will usually appoint the next suitable person who petitions and qualifies. If no one is nominated or no one steps forward, Massachusetts statutes provide a statutory priority for appointment; the court follows those rules when selecting an administrator.

4. If the named executor refuses but won’t file a renunciation

You don’t have to wait for a signed renunciation. You can still file your petition. The court will notify the named executor and give them an opportunity to appear. If the named executor declines, fails to qualify within the required time, is incapacitated, or otherwise cannot serve, the court can appoint someone else. The court’s main concern is appointing a qualified person who will administer the estate properly.

5. Bond and qualifications

The court may require the personal representative to post a surety bond unless the will waives bond or the court orders otherwise. The amount depends on the estate’s value and other factors. A prospective appointee must meet statutory qualifications (for example, being an adult and not disqualified for legal reasons).

6. Consider small-estate procedures

If the estate is very small or consists mainly of certain assets, simplified procedures may allow creditors and beneficiaries to receive assets without formal probate administration. Check the Probate Court forms and guidance for small-estate options or talk to the court clerk.

When you should get a lawyer

Consider consulting an attorney if any of the following apply:

• The named executor contests appointment or claims they intend to serve.
• Multiple people claim priority or the will’s meaning is disputed.
• The estate includes complex assets (business interests, real estate, out-of-state property, or tax issues).
• You expect formal objections from heirs or creditors.

An attorney can prepare the petition, help calculate bond, advise on notice requirements, and represent you at any hearing.

Helpful, practical checklist

• Locate the original will and obtain a certified death certificate.
• Ask the named executor in writing to sign a renunciation; keep a copy of any response.
• Check the will for alternates and read any bond waiver language.
• Gather basic estate information: bank accounts, real estate, life insurance, debts.
• Contact the local Probate and Family Court to learn required forms and filing fees. Court information: Probate and Family Court – mass.gov.
• If you plan to petition, prepare to notify beneficiaries and heirs as the court requires.
• If the estate appears small, ask the court clerk or review forms for simplified or voluntary administration procedures.