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When someone dies, no one (other than a properly appointed personal representative) has legal authority to manage, dispose of, or remove estate property. In Massachusetts, the Probate and Family Court oversees appointment of an estate personal representative and related emergency relief. For general guidance on the probate process in Massachusetts, see the Probate & Family Court information page: https://www.mass.gov/orgs/probate-and-family-court. The Massachusetts Uniform Probate Code governs appointment and duties of personal representatives: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B. This article explains practical steps you can take now to secure and inventory the house and how to stop siblings from removing items before you are formally appointed.

1) Immediate safety and preservation

• Ensure safety. If anyone is living in the home (a surviving spouse, tenant, or occupant), do not attempt to lock them out or force entry. Changing locks or removing occupants can expose you to criminal or civil liability.
• Contact local police for a welfare check and to report any threatened or actual removal of property. Police can help deter theft and create an official record if items are removed without authority.
• If valuables are at immediate risk (cash, jewelry, firearms, medication), ask the police about a temporary hold or request an escort to move them to a secure location. If the occupant objects, get a written, witnessed inventory of anything removed.

2) Documentation and inventory (what you can and should do now)

• Photograph and video the entire property room-by-room. Capture close-ups of high-value items and serial numbers. Use date-stamped photos or a video with narration to describe contents.
• Create a written list of items and approximate values. Note locations, condition, and any identifying marks. Save this as a draft inventory you will refine after appointment.
• Gather original documents you can find safely (will, trust documents, deeds, insurance policies, vehicle titles). If you find a will, do not destroy or alter it. Deliver the original to the Probate & Family Court when you file a petition, or keep it secure until you can.
• Collect witness statements or email/text confirmations from family members who saw items or observed removals. These help establish a timeline if disputes arise.

3) Legal steps to obtain authority quickly

• File a petition for appointment as personal representative (administrator) with the Probate & Family Court in the county where the decedent lived. Once appointed, the personal representative has the legal authority to secure the property and control estate assets. See Massachusetts probate resources: https://www.mass.gov/servicedetails/filing-for-probate-of-a-will-or-intestate-administration.
• If immediate action is needed before full appointment, ask the court for emergency relief. Courts can appoint a temporary or limited personal representative (sometimes called a special or temporary administrator) to preserve assets and prevent dissipation while the formal probate proceeds. Cite the urgency and any risk of removal when you petition.
• If someone is actively taking property, you (or the court) can seek an injunction or emergency order to stop removal and preserve the estate. The Probate & Family Court has procedures for emergency relief; an attorney can file these motions quickly.

4) Handling siblings and potential removals

• Communicate in writing. Send a calm, written notice (email or certified letter) to siblings asking them to refrain from removing property until a personal representative is appointed. Keep copies of the notice and any responses.
• Document any removals. If a sibling removes items, photograph the empty spaces, preserve packaging, and get witness names. Report suspected theft to the police, and notify the Probate Court in your appointment petition or emergency motion.
• Avoid confrontation. Do not try to physically stop someone. Instead, rely on law enforcement and the court to enforce estate rights.

5) Protect specific categories of property

• Safe deposit boxes: Banks may freeze a decedent’s safe deposit box or require court orders to open it. Notify the bank of the death and follow its policies; a court order is often necessary to access box contents.
• Bank accounts and online accounts: Banks generally freeze accounts once you provide a death certificate. Preserve records, and instruct financial institutions to flag suspicious withdrawals. For digital accounts, preserve access information and list passwords where available.
• Vehicles and keys: Secure vehicle titles and keys. If a vehicle is at risk of being removed, note its VIN and location and inform the court and police.
• Pets: If pets need care, arrange temporary care through a trusted person and document the arrangement.

6) After appointment: formal inventory and appraisal

• Once you are appointed, prepare the formal inventory and account required by law. The Massachusetts Uniform Probate Code requires personal representatives to identify, collect, and preserve estate property and to file required inventories and accountings with the court. See the Massachusetts Uniform Probate Code: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
• Get professional appraisals for high-value items (art, jewelry, antiques, real estate). Keep written appraisals in the estate file.
• If items were removed before you were appointed, the court can order their return or award damages for conversion. Keep careful records to support claims of wrongful removal.

When to hire a probate attorney

Hire a probate attorney if any of the following apply:

• Someone is removing or threatening to remove property.
• The estate has significant assets or creditors.
• You need an emergency/temporary appointment or an injunction.
• Family conflict may prevent ordinary administration.

An attorney can file the appointment petition, request emergency relief, prepare inventories, and represent you in contested matters. For Massachusetts probate rules and local court contacts, see: https://www.mass.gov/orgs/probate-and-family-court.

Helpful Hints

• Do not remove items yourself unless you have clear authority or the police advise you to do so for safety reasons.
• Start photographic documentation immediately. Time-stamped photos and videos are powerful evidence.
• Send written requests to relatives asking them to hold items and to avoid removal until the court appoints a personal representative.
• Call the police to report theft or threatened theft. Keep the police report number for court filings.
• File for appointment with the Probate & Family Court promptly. Even a short delay can make enforcement harder.
• Keep all documents, photos, and communications organized in a single folder or digital file for the estate record.
• Consider mediation or a family conference run by a neutral attorney if tensions are high but no urgent removals are occurring.
• Understand that improper removal of estate property can result in civil liability (return of property, damages) and possibly criminal charges. Let courts and law enforcement enforce rights rather than taking matters into your own hands.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and facts matter. Consult a licensed Massachusetts probate attorney or the Probate & Family Court to get advice specific to your situation.