How to Get Appointed Estate Administrator in Massachusetts After a Spouse Dies Intestate

Disclaimer

This is general information only and is not legal advice. Laws change and every situation is different. For advice about your specific case, consult a qualified probate attorney or contact the Probate and Family Court.

Detailed Answer

Which court handles the appointment? The Massachusetts Probate and Family Court in the county where the decedent lived handles appointments of personal representatives. See the Probate and Family Court information page: Massachusetts Probate and Family Court.

What law governs appointment and priority? Appointments and intestate administration are governed by the Massachusetts Probate Code (Chapter 190B). The court follows the statutory order of priority when naming a personal representative. See Chapter 190B (the Massachusetts Uniform Probate Code) for the controlling provisions: M.G.L. c. 190B.

Basic steps to get appointed as the personal representative (administrator):

1. Gather documents: certified death certificate, your marriage certificate, photo ID, Social Security numbers for the decedent and close heirs (if available), and an initial inventory of assets (bank accounts, real estate, vehicles, safe deposit boxes, retirement accounts, etc.).
2. Prepare the required filing: File a petition with the Probate and Family Court asking for appointment of a personal representative. The court’s website has the common forms and instructions: Probate and Family Court forms. The filing is often called a Petition for Appointment of Personal Representative (or Petition for Formal Appointment).
3. Pay the filing fee and submit the petition: Check current filing fees with the court: Probate and Family Court filing fees. The clerk will accept the petition and give you a case number and next steps.
4. Notice to interested persons: Massachusetts law requires the petitioner to give notice to interested persons (heirs, potential beneficiaries, and certain creditors). You do not need anyone’s cooperation to file or to have the court provide notice—the court can require that notice be sent by mail, and the sheriff or a process server can deliver service if necessary.
5. If there is no objection: If no one objects within the notice period, the court will typically appoint the person with statutory priority (for example, the surviving spouse) and issue letters of appointment (often called “Letters Testamentary” or “Letters of Administration”). Those letters are proof of authority to act for the estate.
6. If the family objects or contests the appointment: The court will schedule a hearing. At the hearing, the judge will apply the statutes and consider who has priority, who is qualified and willing to serve, and whether any person is unsuitable. If you are the surviving spouse, the court commonly gives priority to you unless there is a compelling reason not to. The court’s decision is based on the law and the evidence presented rather than on cooperation between family members.

What to do when family won’t cooperate:

• You can file the petition regardless of whether other family members will help.
• Ask the court clerk how to serve the required notices. The court can order formal service if family members refuse to accept mail or ignore requests.
• If relatives refuse to disclose information about assets (bank accounts, safe deposit boxes, etc.), the court can order production of records after appointment. The court may also require an accounting from any person who controls estate property.
• If relatives try to remove assets or transfer property, notify the court immediately. You can seek temporary relief or ask the court to issue an emergency order to preserve estate property while the appointment is pending.

Bond, powers, and timing: The court may require a surety bond to protect the estate from mismanagement. In some cases (often when the surviving spouse is appointed), the court can waive or reduce bond; the judge decides based on the circumstances. After the court issues letters of appointment, you can collect assets, pay bills and taxes, and distribute property under court supervision.

When to hire an attorney: If the appointment is contested, assets are at risk, the estate is complex, or you feel unsure of the procedure, consult a probate attorney. An attorney can prepare the petition, handle objections, represent you at hearings, and advise about bond and creditor claims.

Helpful Hints

• Start by calling the local Probate and Family Court clerk to confirm the forms, fee, and filing location: Probate and Family Court.
• Get multiple certified copies of the death certificate early—banks and other institutions usually require them.
• Make a simple inventory of known assets (bank names and last 4 digits, value of home, vehicle titles, retirement accounts). Even rough lists help the court and speed the process.
• If family members are refusing cooperation, document your attempts to contact them (emails, letters, certified mail receipts). The court will want proof of notice efforts if there is a dispute.
• If you need immediate access to funds for funeral expenses or mortgage payments, ask the court clerk about filing an emergency petition or about interim relief—courts can sometimes act quickly on narrow requests.
• Keep communication civil and focused on paperwork and court deadlines. Emotional disputes can complicate the process and make hearings longer or more contentious.
• Use the Probate Court forms and instructions to avoid technical mistakes that could delay appointment: Court forms.