Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Under Massachusetts law, a personal representative (PR) manages the decedent’s estate and owes fiduciary duties to heirs and beneficiaries. The PR must keep heirs informed about estate administration, provide certain notices, and render accountings according to the Massachusetts Uniform Probate Code (MUPC).
1. Initial Notice to Heirs and Beneficiaries
Within 30 days of appointment, the PR must mail each heir and beneficiary a written notice that includes:
- The date the PR was appointed.
- A description of the estate assets and their location, if known.
- The name, address, and phone number of the PR and counsel, if any.
- The right to view the probate file at the probate court.
- The right to petition the court for removal of the PR, accounting, or distribution.
- Any waiver of bond under the will or court order.
See M.G.L. c. 190B, §3-705: malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-705.
2. Inventory and Accountings
The PR must prepare an inventory of all estate assets and may be required to file it with the court. Heirs and beneficiaries can request interim or final accountings showing:
- All receipts and disbursements.
- Payments to creditors, taxes, and expenses of administration.
- Distributions made or proposed.
If beneficiaries request an accounting or object, the PR must file a formal account under M.G.L. c. 190B, §3-907: Section 3-907.
3. Duty to Provide Information on Request
At any time, an interested person (heir, beneficiary, creditor) may request information in writing. The PR must respond within 30 days by providing the requested information or objecting in writing with reasons:
- List of estate assets and their value.
- Liabilities and pending claims.
- Status of estate administration.
This duty arises under M.G.L. c. 190B, §1-403: Section 1-403.
4. Fiduciary Duties
The PR must act with loyalty, prudence, and impartiality, including:
- Avoiding conflicts of interest and self-dealing.
- Investing estate assets prudently under M.G.L. c. 190B, §3-707.
- Safeguarding estate property and maintaining accurate records.
Helpful Hints
- Review all notices and keep copies.
- Make written requests for information if you have questions.
- Track deadlines for objections or petitions with the probate court.
- Consult an attorney if the PR fails to respond or you suspect misconduct.
- Check the probate docket online for filings and dates.