When someone passes away in Massachusetts, the Probate Court appoints an individual to manage the estate. That person may be called a personal representative (if named in the will) or an estate administrator (if no will exists). While their responsibilities are similar, the way they are appointed and the rules they must follow differ.
At Surprenant, Beneski & Nunes, P.C., we help families across Southeastern Massachusetts understand these roles and fulfill the duties required by the court. Whether you have been named in a will or appointed by the court, we will guide you through each step of the process.
What Is a Personal Representative?
A personal representative (also known as an executor) is someone chosen by the deceased in their will to oversee the estate. Because the deceased selected this individual, the representative’s authority is based on carrying out the instructions outlined in the will.
This role typically involves:
- Distributing assets according to the deceased’s wishes
- Working closely with the probate court to validate the will
- Resolving any disputes related to the estate plan
What Is an Estate Administrator?
If someone dies intestate (without a valid will), the Probate Court will appoint an estate administrator. The administrator’s responsibilities mirror those of a personal representative, but with one key limitation: they must distribute the estate according to Massachusetts intestacy laws, not personal wishes.
The Massachusetts Intestate Succession Act prioritizes heirs in the following order:
- Spouse
- Children and grandchildren
- Parents
- Siblings
- Extended relatives such as cousins
This means close friends or favored individuals who are not related will not inherit unless a valid will exists.
Shared Duties of Personal Representatives and Administrators
Regardless of title, both roles are fiduciaries. That means they must act in the best interests of the estate and follow the law. Typical duties include:
- Notifying heirs and beneficiaries of the probate process
- Opening and maintaining an estate bank account
- Collecting, safeguarding, and inventorying the deceased’s assets
- Paying outstanding debts, taxes, and final expenses
- Managing or selling property as needed
- Distributing assets to heirs or beneficiaries
- Filing an accounting with the court and closing the estate
Massachusetts law also requires that both personal representatives and administrators post a bond to ensure they fulfill their responsibilities properly.
Key Differences Between the Two Roles
The main difference is how assets are distributed:
- Personal Representative: Follows the instructions in the deceased’s will.
- Estate Administrator: Must follow the intestacy laws set by Massachusetts.
In practice, this means a personal representative carries out the deceased’s wishes, while an administrator is bound by a strict order of inheritance. Even if the administrator happens to be the same person the deceased would have chosen, they cannot alter the distribution pattern required by law.
Compensation for the Role
Both personal representatives and administrators are entitled to “reasonable compensation” for their work. However, many people in these roles are also beneficiaries of the estate, which can affect how compensation is handled. The probate court may review fees to ensure they are fair.
Why Legal Guidance Matters
Serving as a personal representative or administrator can be more time-consuming and complicated than expected. Issues like creditor claims, disputed wills, or family disagreements can quickly make the process stressful. With the right legal support, you can fulfill your duties correctly and avoid personal liability.
At Surprenant, Beneski & Nunes, we provide the knowledge and guidance you need to manage an estate with confidence. Whether you were named in a will or appointed by the court, we’ll guide you through the process with steady support and clear advice.
Contact Surprenant, Beneski & Nunes
If you have been appointed as a personal representative or estate administrator in Massachusetts, you do not have to handle the process alone. Our attorneys are ready to assist you in meeting every obligation and protecting the interests of your loved one’s estate.
Call Surprenant, Beneski & Nunes today to schedule a consultation and learn how we can help.
Frequently Asked Questions
What is the difference between a personal representative and an estate administrator in Massachusetts?
A personal representative is named in a will, while an estate administrator is appointed by the court when no will exists. Both manage similar duties, but administrators must follow intestacy laws.
Do personal representatives and administrators have the same responsibilities?
Yes, both roles handle probate tasks like paying debts, managing assets, and distributing property. The key difference is how distributions are determined—by a will or by intestacy laws.
Why should I hire an attorney if I am appointed to one of these roles?
Probate can be complex and time-consuming. An attorney helps ensure the process runs smoothly, avoids mistakes, and protects you from personal liability.
