What to do when an estate administrator is unresponsive or refuses to distribute assets

Brief overview

When someone is appointed as an estate administrator (personal representative) in Massachusetts, they have a legal duty to manage and distribute the estate according to the will and Massachusetts probate law. If that person becomes unresponsive or refuses to distribute assets, Massachusetts heirs and beneficiaries have several court-based and practical options to enforce their rights.

Detailed Answer — options under Massachusetts law

1. Start with documentation and a clear written request

Before going to court, document your attempts to communicate. Send a clear written demand (email plus certified mail) asking for an accounting, the status of the estate, and a proposed timeline for distribution. A written record helps later if you must petition the probate court.

2. Request an accounting from the personal representative

The personal representative must keep accurate records and provide an accounting to the court and beneficiaries showing receipts, expenditures, and distributions. If the administrator refuses to provide an accounting on request, a beneficiary can petition the Probate and Family Court to compel an accounting.

See Massachusetts probate law for the duties of personal representatives: M.G.L. Chapter 190B (Probate Code), and the Probate and Family Court: Massachusetts Probate & Family Court.

3. Petition the Probate Court to compel action or to remove the administrator

If the administrator remains unresponsive or acts in bad faith, beneficiaries can file formal petitions in the Massachusetts Probate and Family Court. Common petitions include:

Petition to compel an accounting and to direct the administrator to perform duties.
Petition to remove the personal representative for neglect, refusal to perform duties, misconduct, or conflict of interest. The court may remove and replace the administrator if removal serves the estate and beneficiaries.
Petition for a temporary or substitute personal representative if immediate action is necessary (for example, to preserve assets).

The Probate Court has the power to order relief, including removal, appointment of a successor, and directives for distribution under the will and applicable law. See: Probate and Family Court and the state Probate Code at M.G.L. Chapter 190B.

4. Ask the court to surcharge the administrator or seek damages

If the administrator’s bad acts or negligence caused loss to the estate, beneficiaries can ask the court to surcharge (financially charge) the administrator for losses. The court can order repayment, remove the administrator, and award other remedies, including attorney fees in some circumstances.

5. Seek contempt or enforcement remedies

If the court has already ordered an accounting or distribution and the administrator disobeys that order, beneficiaries may seek enforcement or contempt proceedings. The court can enforce its orders and impose penalties for noncompliance.

6. Consider alternative dispute resolution (mediation) and settlement

If relationships allow, mediation can speed resolution and reduce costs. The Probate Court often encourages settlements, and many disputes end with negotiated agreements that the court then approves.

7. Small estate or simplified procedures

In limited situations where the estate is small, Massachusetts law provides simplified procedures that may allow distribution without full administration. Whether a simplified route applies depends on the estate’s assets and the specific facts. The Probate Court clerk’s office or an attorney can advise whether a simplified claim procedure applies.

8. Civil claims against the administrator

In addition to probate petitions, beneficiaries may have civil claims (for breach of fiduciary duty, conversion, or negligence) against an administrator who misappropriates or wrongfully withholds assets. A civil claim may run alongside probate remedies in appropriate circumstances.

What you should gather before you act

Copy of the will (if any) and any court papers appointing the administrator.
Death certificate.
All communications (emails, letters, text messages) with the administrator.
Bank account statements, titles, or evidence of estate assets you know about.
A list of attempted contacts and dates (phone calls, certified mail receipts).
Names and contact details for other beneficiaries and potential witnesses.

Practical timeline and expectations

Probate procedures take time. The court will usually give the administrator notice and an opportunity to explain delays. If the administrator is negligent or dishonest, court action can remove them or compel action, but expect filings, hearings, and possible appeals. Work with the court clerk or an attorney to understand likely timelines in your county.

How an attorney can help

An experienced Massachusetts probate attorney can:

Review the estate file and advise whether to file petitions in Probate Court.
Draft and file petitions to compel accounting, remove the administrator, or obtain temporary relief.
Negotiate settlements or represent you in court hearings and potential civil suits.

Helpful Hints

Keep written records of all communications. Courts favor a clear paper trail.
Send a certified letter demanding an accounting before filing in court. This step is often required or expected.
Check Probate Court rules and forms at your local Massachusetts Probate & Family Court clerk’s office or mass.gov.
Assess whether the estate qualifies for a small-estate procedure to avoid lengthy administration.
Consider mediation if relationships permit; it can be faster and cheaper than contested litigation.
Act promptly. Delays can allow problems to grow (assets dissipate, claims bar dates pass, records get lost).
Do not attempt to seize or take control of estate assets on your own. Always use court-authorized procedures to avoid legal exposure.

Key Massachusetts resources

Massachusetts General Laws — Probate Code (M.G.L. Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
Massachusetts Probate & Family Court: https://www.mass.gov/orgs/probate-and-family-court

Final note & disclaimer

This article explains common options under Massachusetts probate practice but is not legal advice. It does not create an attorney-client relationship. For specific guidance tailored to your facts, consult a Massachusetts probate attorney or contact the Probate and Family Court clerk’s office where the estate is filed.