Massachusetts: How to Ask the Probate Court to Compel an Estate Accounting

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Short answer: Yes. In Massachusetts, beneficiaries and other interested persons may ask the Probate and Family Court to require a personal representative (executor or administrator) to provide a full accounting of estate assets, receipts, and disbursements. The court can order interim or final accountings, review and approve (or disallow) the accounting, and provide remedies if the accounting shows problems or if the personal representative fails to cooperate.

What an accounting is and why it matters

An accounting is a formal statement that shows what the estate owned when probate started, what the estate received, what the personal representative paid out, and what remains for distribution. A complete accounting helps beneficiaries confirm the estate is being handled properly, detect mistakes or misconduct, and ensures fair distribution.

Who can ask for an accounting?

“Interested persons” have standing. That generally includes heirs, beneficiaries named in a will, creditors (in some circumstances), and sometimes persons with a potential interest in the estate. If you are unsure whether you are an interested person, the Probate and Family Court clerk can often tell you whether you have standing to file a petition.

How to request an accounting in Massachusetts

  1. Ask the personal representative informally first. Request a written inventory and a copy of any existing accountings or records. Many issues are resolved at this stage.
  2. If the informal request fails, file a petition with the Probate and Family Court asking the court to order an accounting. The petition should explain who you are, your interest in the estate, and why you seek an accounting.
  3. The court will notify interested persons and may schedule a hearing. At the hearing the judge can order the personal representative to file a formal account covering a specific period or the entire administration of the estate.
  4. After the accounting is filed, interested persons may object to items in the account and ask the court to disallow improper charges, surcharge the fiduciary, or otherwise correct the record. The court will decide whether to allow the accounting and what amounts are properly charged to the estate.

When does the personal representative have to provide an accounting?

Massachusetts law and court practice require the personal representative to keep estate records and report to the court when directed. The timing can vary: courts often require a final accounting before estate distribution and closing, but the court can also order interim accountings while probate remains open. If a beneficiary requests a court-ordered accounting, the judge decides the required scope and timing based on the estate’s circumstances.

Common remedies if the accounting is unsatisfactory

  • Disallow specific charges or payments shown in the account.
  • Surcharge the personal representative for amounts improperly paid or lost to negligence or misconduct.
  • Remove and replace the personal representative for misconduct or failure to account.
  • Order turnover of missing assets or funds.
  • Assess costs and attorney’s fees in appropriate cases.

Key Massachusetts legal authority and resources

Massachusetts probate law is contained in the Massachusetts General Laws, Chapter 190B (the Massachusetts Probate Code). That chapter sets out the powers, duties, and procedures for personal representatives and for court supervision of estate administration. You can review the statute here: Mass. Gen. Laws ch. 190B (Probate Code).

For practical steps, forms, and filing procedures, see the Probate and Family Court resources on the official state website: Massachusetts Probate and Family Court. The Probate Court clerk’s office in the county where the estate is pending can also provide information about local filing practices and required forms.

Practical timeline and what to expect

Expect several weeks to months between filing a petition for an accounting and receiving a final court ruling, depending on court schedules and the estate’s complexity. After the personal representative files the account, interested persons typically have a set window to review and file objections. If disputes arise, hearings and possibly discovery (document requests, depositions) may follow.

When to hire an attorney

Consider hiring an attorney if the accounting involves complex assets (business interests, real estate, trusts), if you suspect misconduct or missing assets, or if the fiduciary resists cooperating. An attorney can prepare the petition, gather evidence, handle objections, and represent you at hearings. If the amounts at stake are small and the case is straightforward, an initial consultation with the court clerk or self-help resources may suffice.

Costs and fees

Filing fees and possible attorney’s fees may apply. In some cases where the personal representative acted improperly, the court can order the fiduciary to pay estate costs and attorney’s fees. Check the Probate and Family Court fee schedule and consult with counsel about likely costs.

Checklist — What to bring to a court petition for accounting

  • Proof of your identity and your interest in the estate (copy of will, beneficiary designation, or relation documentation).
  • Any prior correspondence asking for records from the personal representative.
  • Copies of any documents you already have (bank statements, deeds, accountings, receipts).
  • A short, clear statement of what you ask the court to order (e.g., full accounting for the period from decedent’s death to present).
  • Names and addresses of other interested persons to be notified.

Helpful Hints

  • Start by requesting records informally — many accountings are produced without court involvement.
  • Be specific in your petition about dates and transactions you want explained; courts respond to concrete concerns.
  • Keep good records of your own communications and any expenses you incur related to the estate (you may be able to recover reasonable costs).
  • If the estate is small or administration is simple, ask the clerk about abbreviated procedures that may avoid a formal accounting hearing.
  • Attend hearings prepared: bring copies of relevant documents and a concise timeline of events.
  • Ask the court clerk about local forms or filing checklists — using the correct form avoids delays.
  • If you suspect criminal conduct (theft, fraud), report concerns to local law enforcement in addition to seeking a civil accounting in probate court.

Disclaimer: This article explains general Massachusetts probate procedures and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Massachusetts attorney or the Probate and Family Court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.