Detailed Answer

This guide explains, in simple steps, how to become the court-appointed administrator (personal representative) for a deceased parent who left no will in Massachusetts. It uses common, hypothetical facts: a father who lived and died in Massachusetts with adult children and no surviving spouse. This is educational information only and not legal advice. For specific legal guidance, consult a probate attorney or the Probate and Family Court.

What happens when someone dies without a will in Massachusetts?

When a person dies intestate (without a valid will), the Probate and Family Court oversees distributing the estate under Massachusetts intestacy rules. The court appoints a personal representative (often called an administrator) to gather assets, pay debts and taxes, and distribute the remaining property to heirs according to state law (the intestacy statute). See Massachusetts General Laws, Chapter 190B (Uniform Probate Code): M.G.L. c. 190B. The intestacy distribution rules are in the same chapter; for the statute governing who inherits, see, for example: M.G.L. c.190B §2-102.

Who has priority to be appointed administrator?

The Probate Court follows a priority list when appointing a personal representative. Typically the order gives preference to the surviving spouse, then to adult children, then to other next of kin. A person with a higher priority who seeks appointment generally gets preference over lower-priority claimants. See the personal representative appointment rules in Chapter 190B: M.G.L. c.190B §3-201 and related sections for appointment procedures: M.G.L. c.190B §3-203.

Step-by-step: How to get appointed

1. Confirm there is no will. Search for a will (safe deposit box, attorney files, home). If you find a will, different procedures apply.
2. Identify where to file. File in the Probate and Family Court in the county where your father lived. Locate the correct court and local procedures at Mass.gov: Massachusetts Probate and Family Court.
3. Gather required documents. You will typically need the decedent’s certified death certificate, your ID, and a list of known heirs and basic asset information (bank accounts, real estate, vehicle titles, insurance policies).
4. Prepare and file a petition for appointment of a personal representative. Use court forms or draft a petition asking the court to appoint you as administrator. The Probate Court has forms and filing instructions online: Probate & Family Court forms. File the petition and pay the filing fee (fees vary by court).
5. Notify interested persons. The court requires notice to heirs and other interested parties. The court or local rules will explain how to serve notice and the timeline for objections.
6. Bond and waivers. The court may require a surety bond to protect the estate. Heirs can sometimes waive the bond requirement in writing, or the court can waive it under limited circumstances. See relevant bond rules in Chapter 190B (appointment and bond provisions): M.G.L. c.190B.
7. Hearing and appointment. If there are no objections, the court generally schedules a hearing or issues an appointment by review. If the court approves, it issues Letters of Administration (court documents that authorize you to act for the estate).
8. Administer the estate. As administrator you must collect assets, notify creditors, inventory and appraise property if required, pay valid debts and taxes, and distribute assets according to intestacy rules. You must also file periodic reports or a final account with the court, per court rules.

Typical timeline and costs

How long the process takes depends on the estate’s complexity and whether heirs contest the appointment. Simple, uncontested cases can move in a few weeks to a few months. Contested matters or estates with real estate or tax issues can take much longer. Expect court filing fees and possible bond premiums; attorney fees if you hire counsel; and costs for certified death certificates and service of process.

When to consider getting an attorney

Consider hiring a probate attorney if the estate includes real estate, a business, contested heirship, unresolved debts, complex tax issues, or if another person contests your appointment. An attorney can prepare petitions, represent you at hearings, and help you meet court filing requirements and deadlines.

Where to find official forms and more information

• Probate and Family Court (court locations, local procedures, forms): https://www.mass.gov/orgs/probate-and-family-court
• Probate & Family Court forms index: https://www.mass.gov/guides/probate-and-family-court-forms
• Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter190B

Hypothetical example

Mary lives in Worcester County and her father died in Massachusetts with no spouse and three adult children. Mary searches for a will and finds none. She files a petition for appointment in the Probate and Family Court in the county where her father lived, provides the required notices to her siblings, and requests waivers of bond from her siblings. The court reviews the petition, accepts the waivers, issues Letters of Administration to Mary, and she begins collecting assets, paying debts, and ultimately distributes the estate under the intestacy rules.

Disclaimer

This article explains general Massachusetts probate procedures and is for educational purposes only. It is not legal advice. Laws change and each case is different. Consult a qualified Massachusetts probate attorney or the Probate and Family Court for advice tailored to your situation.

Helpful Hints

• Start by searching for a will and locating the decedent’s important papers (bank info, deeds, insurance policies).
• Obtain several certified copies of the death certificate early; many institutions require them.
• Call the local Probate and Family Court clerk to confirm exact forms, filing fees, and local practice before you file.
• If heirs agree, get written waivers of bond to avoid the cost of a bond requirement.
• Keep detailed records and receipts of all estate transactions; you may need them for a final accounting.
• Notify creditors promptly and follow court deadlines to avoid personal liability for missed requirements.
• Consider professional help for complex assets (real estate, business interests, out-of-state property).
• If someone contests your appointment, expect a contested hearing; legal representation is strongly recommended.
• Use official court forms when possible; they reduce errors and speed processing.