Overview

This article explains, in plain language, how someone who believes they are the sole heir can ask a Massachusetts Probate Court to reconsider letters of administration and remove a currently appointed administrator so the heir can be appointed instead. It covers common legal grounds for removal, the procedural steps you will likely need to take, evidence judges expect, possible interim actions, and practical tips for preparing a case. This is educational information only and not legal advice.

Important disclaimer

This is not legal advice. I am not a lawyer. Use this information to understand the process and to prepare for a meeting with a qualified probate attorney licensed in Massachusetts.

How appointment and priority generally work in Massachusetts

When someone dies without a valid will (intestate), the Probate Court issues letters of administration to a personal representative (often called an administrator) who is entitled to serve under the state’s priority rules. Massachusetts codified its probate rules in the Massachusetts Uniform Probate Code (Chapter 190B). The court follows statutory priority when deciding who should receive appointment as administrator.

See the Massachusetts probate statutes for priority rules: M.G.L. c.190B § 3-201 (priority of appointment) and the chapter overview: M.G.L. c.190B.

Common legal grounds to ask the court to reconsider or remove an administrator

The court can remove or replace an administrator when there are valid legal grounds. Typical grounds include:

• Improper appointment — someone with higher priority (for example, the decedent’s sole heir or a closer family member) was bypassed or not notified.
• Fraud or misrepresentation — the administrator obtained letters by false statements or withholding material facts from the court.
• Misconduct in office — theft of estate assets, self-dealing, deliberate failure to gather or account for assets, or using estate assets for personal benefit.
• Incapacity or incapability — illness, addiction, or other incapacity that prevents proper administration.
• Failure to give bond or post required security (if the court required one).
• Failure or refusal to perform duties — not inventorying assets, not notifying creditors or heirs, or not filing required accountings.
• Conflict of interest — situations where the administrator’s personal interests conflict with the estate’s interests.

Practical steps to ask the court to revoke letters and appoint you (the sole heir)

Below is a step-by-step approach many heirs follow. Exact procedures and form names may vary by county and by whether letters were issued after a hearing or ex parte.

1. Identify your legal standing. As the sole heir, you typically have standing to challenge the appointment and to petition for appointment yourself. Gather proof of your relationship to the decedent (birth certificates, family records) and any documents showing intestacy.
2. Gather key documents. Collect the death certificate, any will or testamentary documents (even if you believe none exist), the issued letters of administration, the administrator’s bond (if any), bank/asset information you can access, and any correspondence or records that show misconduct or procedural defects.
3. Check procedural defects. Determine whether the administrator was properly nominated, whether required notices were given to interested persons, and whether the court followed the statutory priority rules. If notices were lacking or the court failed to follow procedure, this strengthens a petition to reconsider.
4. Attempt to resolve informally if appropriate. Sometimes the administrator will step down voluntarily once presented with proof that you are the rightful appointee or once concerns about their fitness are raised. A short demand letter (often prepared by an attorney) can resolve matters without contested court proceedings.
5. File a formal petition with the Probate and Family Court. If informal resolution fails, file a petition to revoke or appoint under the probate procedures in the county where the decedent lived. The petition typically asks the court to revoke existing letters and either appoint you or hold a hearing to determine proper appointment. The Probate Court clerk can tell you what filing form and fees apply in your county; the statewide Probate & Family Court resources are at Massachusetts Probate & Family Court.
6. Serve notice on the administrator and other interested persons. The court requires service on the current administrator and any other heirs or interested parties. Follow the court’s rules for service and timing so your petition is not dismissed for procedural reasons.
7. Seek temporary relief if assets are at risk. If you have credible reason to believe the administrator is wasting or stealing assets, ask the court for emergency relief (for example, a temporary restraining order, a temporary removal, or an order requiring an immediate inventory and bonding). Be ready to show specific evidence of risk.
8. Attend the hearing and present evidence. At the hearing you should present proof of your priority as the heir, demonstrate any procedural defects, and provide evidence of mismanagement, fraud, or unfitness. Evidence can include bank records, witness testimony, photos, receipts, and any admitted failures to file inventories or accountings.
9. Request remedies. Remedies the court may order include revocation of letters, appointment of you as administrator, requiring accounting or bond, removal of the current administrator, surcharge (money judgment for losses caused by misconduct), or referral for criminal prosecution if fraud is present.

What to expect at court and the judge’s considerations

The judge evaluates whether the administrator is properly appointed, whether they are performing duties, and whether any misconduct or incapacity exists. The court balances stability for the estate against the rights of heirs. If the administrator has already acted (sold assets, paid bills), the court can still review those actions and, if improper, order restitution or surcharge.

Evidence that strengthens your petition

• Documented examples of missing assets or unauthorized transfers.
• Proof the administrator failed to file an inventory, notice to creditors, or accountings required by the court.
• Bank statements and checks showing unusual withdrawals or payments to the administrator personally.
• Affidavits from witnesses who can describe misconduct, incapacity, or fraud.
• Proof of your status as sole heir (birth certificate, family records, or absence of a valid will).

Timeline and costs

Timelines vary. The court must give notice and schedule a hearing; uncontested matters may resolve within weeks, while contested removal can take months. Expect filing fees, possible fees for certified mail/service, and attorney’s fees if you hire counsel. If you prevail, courts sometimes order the estate to pay reasonable attorney’s fees, but that is not guaranteed.

When to get a lawyer

Consult a Massachusetts probate attorney if:

• The administrator is actively disposing of or concealing estate assets.
• There are allegations of fraud, theft, or self-dealing.
• Your case is contested and likely to involve multiple hearings or complex accounting issues.
• You need help drafting the petition and preparing evidence to meet the court’s procedural rules.

Possible outcomes

• The court revokes the administrator’s letters and appoints you as administrator.
• The court removes the administrator and appoints another person (possibly you or a neutral third party).
• The court orders an accounting, bond, surcharge, or restitution but leaves the administrator in place.
• The court denies removal if the evidence is insufficient or the administrator acted reasonably in good faith.

Helpful hints

• Start documenting everything immediately—dates, amounts, communications, and witnesses.
• Obtain certified copies of the death certificate and of any letters of administration already issued.
• Ask the Probate Court clerk for the specific forms and filing instructions for your county.
• If you suspect imminent loss of assets, ask the court for temporary emergency relief and be ready to show immediate risk.
• Keep copies of every filing and proof of service—procedural defects can derail petitions.
• Consider a short consultation with a probate attorney to review evidence and draft a strong petition; many attorneys offer limited-scope help.
• Be realistic about time and costs: contested removal can take months and involve document-heavy accounting disputes.

Resources

Massachusetts Probate & Family Court (general info and local court contacts): https://www.mass.gov/orgs/probate-and-family-court

Massachusetts General Laws, Chapter 190B (probate code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B

Priority of appointment under the Massachusetts probate code: M.G.L. c.190B § 3-201

Final notes

Removing an administrator and obtaining appointment as the sole heir is possible, but it requires following court procedure closely and presenting clear evidence. If the matter is straightforward (procedural error or clear statutory priority), the court will often order a change. If the case involves allegations of theft, fraud, or complex accounting, professional legal help is strongly recommended.