Letters Testamentary in Massachusetts
How the Massachusetts probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: To act for an estate, a personal representative must be appointed by order of the Probate and Family Court or a magistrate, qualify, and be issued letters; administration begins when letters are issued. M.G.L. c. 190B, §§ 3-103, 3-601
| Letters testamentary | To act for an estate, a personal representative must be appointed by order of the Probate and Family Court or a magistrate, qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the personal representative must accept the appointment and qualify by filing a bond with the court. Appointment may be informal or by formal petition in the county where the decedent lived. Qualification: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-601. The statute also refers to 'letters testamentary or letters of administration' (§ 3-1201). Source: M.G.L. c. 190B, §§ 3-103, 3-601 |
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| Who can be executor | Priority for appointment as personal representative: a person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (if there is no known spouse or next of kin) a public administrator. Those with priority may nominate someone else. A personal representative files a bond; sureties on the bond are required unless the will waives them, all heirs or devisees waive them in writing, the representative is a qualified bank or trust company, or the court finds sureties are not in the estate's best interest. Bond: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-603. Source: M.G.L. c. 190B, §§ 3-203, 3-603 |
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FAQ
How do I get letters testamentary in Massachusetts?
To act for an estate, a personal representative must be appointed by order of the Probate and Family Court or a magistrate, qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the personal representative must accept the appointment and qualify by filing a bond with the court. Appointment may be informal or by formal petition in the county where the decedent lived.
Who can be an executor in Massachusetts?
Priority for appointment as personal representative: a person named in the will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and (if there is no known spouse or next of kin) a public administrator. Those with priority may nominate someone else. A personal representative files a bond; sureties on the bond are required unless the will waives them, all heirs or devisees waive them in writing, the representative is a qualified bank or trust company, or the court finds sureties are not in the estate's best interest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.