How to respond when a proposed administrator withholds estate assets and documents in Massachusetts
Quick overview: If the person appointed (or proposed) to act as an administrator or personal representative of an estate is refusing to share asset information and estate documents, Massachusetts law gives interested persons ways to obtain records and to hold the administrator accountable. This article explains your rights, practical steps to take, and the court remedies commonly used in Massachusetts.
Detailed answer — your rights and remedies under Massachusetts law
Who is an “interested person”?
An interested person typically includes beneficiaries named in the will, heirs at law (if there is no will), creditors with timely claims, and sometimes others with a financial stake in the estate. As an interested person you have standing to request information and to go to Probate & Family Court if necessary.
What duties does a proposed administrator/personal representative have?
Under Massachusetts probate law (see Massachusetts General Laws, chapter 190B — the Massachusetts Uniform Probate Code), a personal representative has fiduciary duties to collect, manage, and preserve estate property, to notify and account to interested persons, and to distribute assets according to the will or law. If the administrator has been appointed by the court, they normally receive letters testamentary or letters of administration from the Probate & Family Court. Those letters allow them to act, but also establish duties to the estate and to beneficiaries. For the full statute text, see chapter 190B: M.G.L. ch. 190B.
What documents and information can you reasonably request?
- Copy of the will (if any) and any codicils.
- Letters testamentary or letters of administration issued by the Probate Court.
- Inventory of estate assets (real property, bank and brokerage accounts, retirement accounts, life insurance proceeds payable to the estate, business interests, personal property).
- Account statements showing balances and transactions.
- Copies of closing documents, deeds, and title records for real property.
- Any creditor notices, claims filed, and income or estate tax returns filed by the personal representative on behalf of the estate.
Practical first steps (informal, low-cost)
- Ask in writing. Send a clear, polite written request by email and certified mail asking for the specific documents you want (set a reasonable deadline, e.g., 14 days). Keep copies and delivery receipts.
- Check the Probate Court file. Once a probate petition is filed, many documents are a matter of public record at the local Probate & Family Court. You can request to review the court file or obtain certified copies (see the Probate & Family Court page: Massachusetts Probate & Family Court).
- Ask for an inventory/accounting. If the administrator has not prepared an inventory or periodic account, request one. Many disputes end when a full, transparent accounting is produced.
When to go to court and what you can ask the court to do
If informal requests fail, you can ask the Probate & Family Court to intervene. Common court actions include:
- Petition for an accounting or for production of estate records — the court can order the personal representative to produce an inventory and detailed account of receipts, disbursements, and distributions.
- Motion to compel discovery or production — if a case is already pending, formal discovery motions are available.
- Petition for citation to show cause — the court can require the administrator to appear and explain missing assets or failures to act.
- Petition to remove the personal representative — where there is misconduct, breach of fiduciary duty, mismanagement, or failure to perform duties, the court can remove and replace the administrator and may surcharge (order repayment) for losses.
- Request increase in bond or other protective measures — the court can require a larger fiduciary bond, order lien or injunctions, or authorize interim conservatorship of assets to prevent dissipation.
See M.G.L. ch. 190B for the Probate Court’s powers and fiduciary obligations: M.G.L. ch. 190B.
If you suspect theft, fraud, or conversion
Evidence that an administrator has misappropriated estate funds can be grounds for criminal referral as well as civil removal and surcharge. Preserve evidence, document communications, and bring the matter to the court promptly. The Probate Court may refer serious misconduct to law enforcement.
How to prepare before filing in court
- Gather your proof of interest: will, relationship to decedent, or documentation showing you are a beneficiary or creditor.
- Preserve all communications with the administrator — dates, times, copies of letters, emails, and notes of phone calls.
- Make a written list of assets you know or suspect exist and why you believe they are part of the estate (bank accounts, retirement accounts, property, life insurance, business interests).
- Collect independent evidence where possible (property records, public filings, account statements you can access, recent tax returns).
- Consider asking the court for a temporary order to preserve assets (injunction) if you have a strong basis to believe the administrator is dissipating estate property.
Timeline and costs
Filing a petition in Probate & Family Court generally involves court filing fees and may require service costs. Contested proceedings may take months; emergency relief can be faster if you can show immediate risk to estate property. Hiring an attorney can increase costs but often speeds resolution and improves outcomes in contested cases.
When to hire an attorney
Consider an attorney when informal requests fail, when you anticipate a contested hearing, when significant assets are at risk, or when you suspect fraud. An attorney can prepare pleadings, handle court advocacy, seek interim relief, and advise on remedies including removal, surcharge, or criminal referral.
Helpful Hints
- Start with a written request; courts expect you to try informal resolution first.
- Keep a paper trail — it matters in court.
- Check the Probate Court docket early — many filings and the letters from the court are public records.
- Be specific in your requests: ask for particular accounts, valuations, and dates.
- If the administrator claims privacy or confidentiality, remember the fiduciary duty to account to beneficiaries usually outweighs a claim of unilateral privacy over estate records.
- Act promptly. Delay can make it harder to recover dissipated assets.
- If you are unsure whether you are an ‘interested person,’ bring any documentation to the Probate Court clerk or an attorney to confirm standing.