Documents and Certificates Needed to Begin Estate Administration in Massachusetts

Disclaimer: This article provides general information and does not constitute legal advice. Consult a Massachusetts probate attorney for guidance specific to your situation.

Detailed Answer

When a loved one passes away, the personal representative (executor or administrator) must gather key documents and certificates before filing a petition with the Massachusetts Probate and Family Court. Under the Massachusetts Uniform Probate Code (MUPC), a personal representative has a duty to identify estate assets and begin administration (MGL c.190B §3-201).

• Certified Death Certificate: Order multiple certified copies from the Massachusetts Department of Public Health. You need one for each financial institution or government agency.
• Original Will and Codicils: Submit the decedent’s original will to the Probate Court. Keep any codicils or amendments together.
• Trust Documents: If a trust exists, gather the trust agreement and any amendments.
• Letters Testamentary or Letters of Administration: After the court issues these documents, use them to access accounts and settle debts (see MGL c.190B §3-101 for definitions).
• Asset Inventory: Compile bank statements, brokerage statements, retirement account summaries, life insurance policies, vehicle titles, and real estate deeds. Massachusetts law requires filing an inventory within 90 days (MGL c.190B §3-504).
• Real Property Deeds and Mortgage Statements: Gather deeds for any real estate owned and statements reflecting outstanding mortgages or liens.
• Business Ownership Documents: If the decedent owned a business, collect partnership agreements, corporate bylaws, stock certificates, or membership interest documents.
• Tax Records: Obtain the last federal and Massachusetts income tax returns and property tax bills to prepare estate tax filings.
• Proof of Identity and Relationship: Provide copies of your photo ID and documents proving your status as the personal representative or next of kin (e.g., Letters of Administration).

Helpful Hints

• Order at least five certified death certificates to cover banks, insurers, and government agencies.
• Keep original documents in a secure, fire-resistant location.
• Maintain a detailed asset checklist with account numbers and contact information.
• Check the Probate and Family Court’s website for local filing requirements and fees.
• Consider hiring a probate attorney if you face complex assets or disputes among heirs.