Disclaimer
This information is educational only and is not legal advice. For advice about your specific situation, contact a Massachusetts probate attorney or the Probate and Family Court.
Detailed Answer — What to do when the original estate administrator dies before completing probate (Massachusetts)
When the personal representative (often called the administrator or executor) who is handling a Massachusetts probate dies before finishing the estate administration, the court must replace that person so the estate can be administered and closed. The successor personal representative steps into the role and completes unfinished tasks — collecting assets, paying creditors and taxes, and distributing property to beneficiaries. Below are the typical, practical steps under Massachusetts law and court practice.
1) Immediately secure estate assets and records
First, secure property, bank accounts, safe-deposit boxes, records, and the original will (if any). Do not distribute assets. If the deceased administrator personally held estate funds in their own accounts, keep detailed records — those funds may need to be traced and turned over to the estate.
2) Notify the Probate and Family Court and file the administrator’s death certificate
File a certified copy of the administrator’s death certificate with the probate court that has jurisdiction over the estate. Notify the clerk so the court record reflects the change in circumstances. The court will give instructions on the next procedural steps and required forms.
3) Petition the court to appoint a successor personal representative
Someone with an interest in the estate (often a named alternate in the will, a beneficiary, or an heir) must file a petition asking the court to appoint a successor personal representative. If the will names an alternate executor, that person has priority to be appointed. If there is no will (intestate) or no alternate, the court will appoint a qualified person according to statutory priority or the court’s discretion.
See the Massachusetts Uniform Probate Code (Chapter 190B) for the statutory framework that governs appointment of personal representatives: M.G.L. c. 190B (Uniform Probate Code). For practical filing and forms, see the Probate & Family Court resources on Mass.gov: Massachusetts Probate and Family Court and the court forms guide: Probate Court Forms.
4) The court issues new letters of appointment to the successor
Once the court grants the petition, it issues new Letters Testamentary or Letters of Administration to the successor personal representative. These letters give authority to act on behalf of the estate (collect assets, sign tax returns, pay bills, and distribute property).
5) Inventory, accounting, and transfer of authority
The successor must identify what the prior administrator already did and what remains. That generally includes:
- Preparing or updating the estate inventory (list of assets and their values).
- Reviewing any partial distributions or payments the prior administrator made.
- Making any required filings (e.g., inventories, accountings, tax returns) the prior administrator did not complete.
If the prior administrator failed to preserve estate funds or mixed them with personal funds, the successor may need to trace funds and seek court orders to recover assets. The successor may also ask the court to approve estate accounting covering the deceased administrator’s period in office.
6) Bond, conflicts, and waivers
The court may require a fiduciary bond (insurance guaranteeing performance) for the successor unless the will waives bond or interested parties agree to waive it. Beneficiaries sometimes sign waivers to speed appointment. If disputes arise (e.g., multiple people seek appointment), expect contested hearings in court.
7) Continue administration — notice to creditors, pay taxes and bills, distribute assets
After appointment, the successor follows all probate duties: provide required notices, evaluate and pay valid creditor claims, file the decedent’s final income tax and estate tax returns (if any), and distribute assets according to the will or Massachusetts intestacy rules. Continue to keep careful records and obtain court approval when required for distributions or final accounting.
8) If the deceased administrator owned assets personally
If the now-deceased administrator left assets in their own name, those assets belong to their separate estate and may require a separate probate administration. Distinguish between estate funds the administrator held as fiduciary (belonging to the first decedent’s estate) and assets the administrator owned personally.
Practical timing and common outcomes
How long this takes depends on court backlog and whether appointing a successor is contested. When beneficiaries cooperate and an alternate is named in the will, courts often appoint the alternate quickly. When multiple parties contest appointment or when the administrator’s handling of assets is problematic, the process can take longer and may require hearings.
Where to find forms and local guidance
Use the Probate & Family Court forms and local clerk’s office for the specific petition forms needed to appoint a successor personal representative. The state court resource pages are here: Massachusetts Probate and Family Court and probate forms at Probate Court Forms. For the governing statute, see M.G.L. c. 190B (Uniform Probate Code).
Helpful Hints
- Secure assets immediately. Lockboxes, real property, vehicles, and accounts should not be left exposed or distributed.
- Get several certified copies of the deceased administrator’s death certificate; courts and banks will require them.
- Contact the local Probate and Family Court clerk early. They will tell you what petition and supporting documents the court requires.
- If a will names an alternate executor, that person should prepare to file the petition for appointment.
- Keep precise records of any transfers the prior administrator made. You may need to explain or reverse those transactions in court or an accounting.
- If the administration is complex, contested, or funds are missing, consult a probate attorney promptly. Issues of fiduciary wrongdoing, commingling of funds, or creditor disputes often need legal help.
- Distinguish estate assets (held as fiduciary) from property the deceased administrator owned personally. The latter may require a separate probate estate for the former administrator.
- Ask the court about bond requirements and whether beneficiaries can agree to waive bond to speed appointment.
- Expect the successor to obtain new Letters of Administration or Letters Testamentary before acting on behalf of the estate.