Detailed Answer
In Massachusetts, a personal representative (often called an administrator if there is no will) must follow strict procedures to protect estate assets and ensure fair distribution. The Probate and Family Court oversees these duties, enforcing bond requirements, inventory filings, and periodic accountings. Below is an overview of the key mechanisms that enforce compliance under Massachusetts law.
1. Bond Requirement
Before administering an estate, the court generally requires the personal representative to post a surety bond. This bond guarantees payment to creditors, beneficiaries, and taxes if the administrator mismanages funds. The bond amount usually equals the estate’s value plus anticipated income. The requirement is set by statute:
- MGL c.190B § 3-1002 (Bond for administration of estate)
- Exemptions for small estates or when the will waives bond: MGL c.190B § 1-401
2. Court Supervision and Oversight
The Probate and Family Court continually supervises the personal representative. Any interested party (creditor or beneficiary) may petition the court to review the representative’s conduct or ask for removal if misconduct is suspected. The court can:
- Order a bond increase if estate assets grow significantly.
- Suspend or remove the representative for breach of fiduciary duty.
- Impose sanctions or damages for willful misconduct.
3. Inventory and Accounting Filings
The representative must file an inventory of all estate assets and periodic accountings to detail receipts, disbursements, and distributions:
- MGL c.190B § 3-706 (Inventory; costs)
- MGL c.190B § 3-711 (Accounting; petition; notice; report)
The court reviews these documents to detect mismanagement, unauthorized expenses, or missing assets. Creditors and beneficiaries can object to accountings, prompting a hearing.
4. Creditor and Beneficiary Rights
Creditors must file claims within nine months of the decedent’s death. Beneficiaries may challenge improper actions such as self-dealing, failure to pay valid claims, or undisclosed assets. The court may award attorneys’ fees and damages if the representative acts in bad faith.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Confirm whether the will waives the bond requirement before posting bond.
- Keep detailed records and receipts of every transaction.
- File the inventory within 90 days of appointment to avoid court penalties.
- Review Massachusetts probate local rules for timing of accountings.
- Notify all beneficiaries of filings and hearings promptly.