Detailed Answer
If a personal representative (also called an executor or administrator) in Massachusetts sends you a distribution but does not explain how they calculated your share, you have several rights and practical steps you can take to get a clear, documented accounting. The personal representative has fiduciary duties to beneficiaries. Those duties generally include identifying estate assets, paying valid debts and expenses, and distributing the remainder according to the will or law. If you do not understand the math behind a payment, you can demand information and, if necessary, ask the Probate and Family Court to require a formal accounting or review.
What the law says (where to look)
Massachusetts administers estates under the Massachusetts Probate Code (Chapter 190B). That chapter describes the rights and duties of personal representatives, including obligations related to estate administration and accounting. For the statutory text and context, see the Probate Code: M.G.L. c.190B (Massachusetts Probate Code). For practical court filing procedures and local court contacts, see the Massachusetts Probate and Family Court: Massachusetts Probate and Family Court.
Step-by-step actions you can take
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Ask for a clear, written accounting right away.
Start by requesting, in writing, an itemized accounting showing how your share was calculated. Ask for copies of the documents that support the calculation: the estate inventory, bank statements showing receipts and disbursements, bills paid, funeral expenses, creditor claims, attorney fees and commissions, and any tax payments or reserves. Keep a copy of your request and send it by a method that provides proof of delivery (for example, certified mail or email with read receipt).
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Request explanation of key items to check.
When you review the accounting, confirm these points: (a) whether the PR deducted debts and valid expenses before calculating shares, (b) whether any beneficiary waivers or disclaimers apply, (c) whether the PR took a statutory or court-approved commission, and (d) whether taxes or reserves were withheld from the distribution. If the estate used net versus gross distribution, ask the PR to show the math line-by-line.
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Send a formal demand if an informal request fails.
If you receive no adequate response, send a formal written demand for an accounting—signed, dated, and sent by certified mail (return receipt requested). State a reasonable deadline for a response (for example, 14–21 days) and list the specific documents you want. Keep all correspondence and receipts.
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File a petition in Probate and Family Court for an accounting or review.
If the personal representative refuses to provide an adequate accounting, you can petition the Probate and Family Court for an order requiring the PR to render a formal account (often called a petition for an accounting or a petition for settlement). The court can compel production of documents, hold a hearing, and approve, modify, or surcharge the PR’s accounting if it finds errors or breaches of duty.
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Consider claims for breach of fiduciary duty or removal.
If you find evidence that the PR misapplied estate assets, paid improper expenses, or acted in bad faith, you can ask the court for remedies. Remedies may include monetary surcharge, replacement of the PR, or other court orders to protect the estate. The court evaluates credibility, documentation, and whether the PR acted reasonably under the circumstances.
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Get legal help if needed.
Complex disputes—large estates, suspected fraud, or contested will provisions—usually benefit from an attorney who practices in probate law. An attorney can draft demands, file petitions, and represent you at hearings. If cost is a concern, Probate and Family Court clerks and self-help resources can explain court forms and filing procedures (but cannot give legal advice).
What documents to request from the personal representative
- Copy of the decedent’s will and any codicils (if applicable).
- Inventory or schedule of estate assets and their values.
- Bank and investment account statements reflecting estate receipts and disbursements.
- Receipts and invoices for funeral expenses, creditor payments, and other costs paid by the estate.
- Copies of creditor claims and any correspondence settling those claims.
- Estate or fiduciary tax returns and supporting schedules, if any taxes were paid or reserved.
- Calculations (spreadsheet or ledger) showing gross estate, deductions, and the math used to produce your net share.
Timing and urgency
Act promptly. Delaying may make it harder to reconstruct transactions or to challenge distributions. Even if the estate appears small, preserve your right to an accounting by making timely, documented requests. If the estate is before the Probate Court and a settlement petition is pending, the court will normally require a full formal accounting before approving final distributions.
Where to get help locally
For forms, procedural guidance, and local Probate and Family Court contact information, use the state court resources: Massachusetts Probate and Family Court. If you choose an attorney, look for a lawyer experienced in Massachusetts probate and estate administration.
Short sample demand letter (one-paragraph)
“Please provide, within 14 days of receipt of this letter, a written, itemized accounting and supporting documents showing how you calculated the payment I received from the Estate of [Decedent]. Specifically, provide the inventory of assets, all receipts and disbursements, creditor claims paid, attorney fees, personal representative commissions, tax payments or reserves, and the mathematical work showing my pro rata share. If I do not receive this information, I will consider petitioning the Probate and Family Court for a formal accounting.” Send the letter certified mail, return receipt requested, and keep copies.
Final note
Beneficiaries in Massachusetts have enforceable rights to information about how the estate is being handled. Most disputes resolve once the PR provides transparent documentation. If transparency fails, the Probate and Family Court can require a formal accounting and provide remedies for misconduct.
Disclaimer
This article explains general information about Massachusetts probate procedures and steps you can take when a personal representative gives you a payment without explanation. This is not legal advice. For advice tailored to your situation, consult a licensed Massachusetts attorney.