Senior Associate
Being named a personal representative can leave you with a question: where do you start? During Massachusetts probate, you are responsible for identifying and protecting estate assets, notifying interested parties, addressing debts and taxes, and distributing the remaining property to the people entitled to it.
The work takes time, and it often begins while you are grieving. Understanding your duties can help you make sound decisions as questions arise from creditors, heirs, and other family members.
What Does a Personal Representative Do First?
A will may name a personal representative, but the person must generally be appointed through the probate process before acting on behalf of the estate. If there is no will, Massachusetts law determines who has priority to seek appointment.
Once appointed, you can begin gathering information and securing estate property. That might mean locating financial records, checking on a vacant home, maintaining insurance, and identifying bills that need attention. Keep estate money separate from your own, and document the decisions you make. A personal representative has a duty to administer the estate for the benefit of those with an interest in it, rather than favoring one family member.
How Do You Inventory Estate Assets?
You must identify the property subject to probate and determine its value. Common examples include accounts held solely in the deceased person’s name, vehicles, personal belongings, and real estate. Some property, such as an account with a valid beneficiary designation, may pass outside probate and should be handled differently.
Massachusetts generally requires a personal representative to prepare an inventory within three months of appointment. The inventory lists covered property and its value, generally as of the date of death. You must file a copy with the court or mail copies to interested persons whose addresses are reasonably available.
Start with statements, deeds, tax records, and other documents you can find. You may need a professional valuation for property whose value is difficult to establish.
Who Must Receive Notice During Massachusetts Probate?
People with a legal interest in the estate must receive notice of the probate proceeding. Depending on the circumstances, they may include heirs and people named in the will. Massachusetts also requires publication of notice in certain proceedings, giving others an opportunity to learn about the estate. The notice requirements differ between formal and informal probate, so check which process applies before assuming everyone has been reached.
Giving the required notices is only the start of communicating with heirs and beneficiaries. They may ask what assets you have found, why a sale is taking longer than expected, or when they can expect a distribution. Regular, factual updates can help manage expectations and reduce confusion. Keep copies of notices and important correspondence with the estate records.
How Does a Personal Representative Handle Debts and Taxes?
Before distributing property, you must review the estate’s obligations. Gather bills, identify potential creditor claims, and determine which expenses the estate should pay. You may also need to arrange required tax filings. Do not assume every bill is valid, and be cautious about paying a claim if the estate may lack enough funds to meet all its obligations.
In Massachusetts, creditors generally have one year from the date of death, rather than the date probate begins, to bring a claim against the estate. That deadline is one reason a personal representative may wait before making final distributions. If you distribute property while a valid claim remains unresolved, the estate may lack the funds to pay it, and you could face personal liability depending on the circumstances. Get legal advice before distributing assets if you know of a claim or are unsure what the estate may owe.
When Can You Distribute Estate Property?
Distribution comes after you have accounted for the estate’s assets and addressed its obligations. The will may direct who receives particular property. If there is no valid will, Massachusetts intestacy law determines who inherits.
Before making transfers, confirm each person’s share and keep enough funds available for remaining expenses. Record what you distribute and obtain receipts when appropriate. A family agreement may help resolve practical questions about belongings, but it does not erase your duty to follow the will and applicable law.
Get Guidance Before You Make a Difficult Probate Decision
Serving as a personal representative carries responsibility, especially when records are incomplete or heirs disagree. LaFountain & Wollman, P.C. helps personal representatives and families with probate and estate administration throughout Massachusetts. If you have questions about your duties or the next step for an estate, contact us to discuss your situation.