Can I become the personal representative of my sister's estate? (MA) | Massachusetts Probate | FastCounsel
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Can I become the personal representative of my sister's estate? (MA)

Can I become the personal representative of my sister’s estate?

Short answer

Yes — you may be able to serve as your sister’s personal representative (sometimes called an executor or administrator) under Massachusetts law, but whether you will be appointed depends on two main facts: (1) whether your sister left a valid will that names a personal representative, and (2) who else is entitled under Massachusetts law to priority for appointment. The Probate and Family Court decides appointment after reviewing the will (if any) and hearing any competing claims.

Detailed answer — how appointment works in Massachusetts

1. If your sister left a valid will

If there is a valid will and it names a personal representative (often called an executor), the court generally gives priority to the person named in the will, unless that person is unable or unwilling to serve. The named person must file a petition with the Probate and Family Court in the county where your sister lived to be formally appointed.

2. If your sister died without a will (intestate)

When there is no will, the court appoints a personal representative according to statutory priority among heirs. Massachusetts follows the Uniform Probate Code framework for appointment priorities. The priority rules generally favor (in order): surviving spouse or domestic partner, children, parents, siblings, and then more remote relatives. The specific statutory priority is set out in Massachusetts General Laws Chapter 190B. See the statute on priority of appointment here: M.G.L. c.190B §3-201 (Priority of appointment) and the Chapter overview here: M.G.L. c.190B (Uniform Probate Code).

3. Who is disqualified or may be refused appointment?

The court may refuse to appoint someone who is legally incapacitated, underage, or otherwise unfit to manage estate duties. Serious criminal convictions or a demonstrated inability to perform fiduciary duties can be a factor. The court also may require a surety bond if the will does not waive bond or if the court believes a bond is appropriate.

4. Practical steps to seek appointment

  1. Find the will (if any) and get several certified copies of the death certificate.
  2. Contact the Probate and Family Court in the county where your sister lived. Massachusetts court information and local contacts are at the Massachusetts Trial Court site: Massachusetts Probate and Family Court.
  3. File a Petition for Probate and Appointment (if there is a will) or a Petition for Administration (if intestate). The court will provide the required forms and filing fee schedule.
  4. Give required notice to heirs and creditors as the court requires.
  5. Attend any hearing. If no one objects and the petitioner is entitled, the court issues Letters of Authority (or Letters Testamentary), which allow the personal representative to act for the estate.

5. Duties and responsibilities if you are appointed

As personal representative you must: locate and secure estate assets, prepare and file an inventory, pay legitimate debts and taxes (including any Massachusetts estate tax issues — see the Massachusetts Department of Revenue guidance at Massachusetts estate tax), notify heirs and creditors, and distribute the estate according to the will or state law. You must keep accurate records and may be entitled to reasonable compensation under law.

6. What if someone else objects?

If another person with higher priority or someone with standing objects, the court will hold a hearing and determine who is entitled to appointment based on the statute and the evidence. If you are denied appointment, you can sometimes request reconsideration or step aside and allow the court to appoint another person.

Helpful hints

  • Start by locating your sister’s original will and getting certified copies of the death certificate.
  • Contact the local Probate and Family Court clerk early — clerks can explain filing steps and required paperwork.
  • Gather key documents before filing: list of assets, bank statements, deeds, titles, insurance policies, and creditor information.
  • Ask whether the will waives bond. If it does not, be prepared for the court to require a surety bond or to set bond amounts.
  • Keep careful records and receipts for all estate transactions; the court and heirs will expect accounting.
  • If family members disagree about who should serve, consider mediation or seek guidance from counsel to avoid costly fights that reduce estate value.
  • Consider talking with an attorney if the estate is large, has contested issues, complex assets, potential tax exposure, or allegations of undue influence or incapacity.
  • Use official resources: Massachusetts statutes at M.G.L. c.190B and the Probate and Family Court site at mass.gov.

Disclaimer: This article explains general Massachusetts probate principles and is for informational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Massachusetts attorney or the Probate and Family Court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.