When a loved one passes away, there’s often more to handle than grief alone. Someone must step forward to manage the estate—distributing property, paying debts, and making sure the person’s wishes are honored. This process is known as estate administration. In Massachusetts, it can involve several steps, including probate. If you’ve been named as the personal representative, we’re here to help you take the right steps from the beginning.
Legal Duties of the Personal Representative
If there’s a will, it likely names someone to serve as the personal representative (also called the executor). This individual is responsible for carrying out the instructions in the will and handling the estate’s affairs.
Here are some of the first tasks you’ll be expected to complete:
- File the will with the probate court if probate is required.
- Notify family members, heirs, and other interested parties.
- Apply for formal appointment from the court to begin estate administration.
Once appointed, the personal representative has legal authority to act on behalf of the estate. This includes managing property, settling financial matters, and eventually distributing the remaining assets. It’s a role that carries real responsibility, and we can help you stay on track with deadlines and paperwork.
Financial Responsibilities and Debt Management
In addition to legal duties, the personal representative must take charge of the estate’s financial matters. This includes locating, protecting, and valuing all of the deceased person’s assets—from bank accounts and retirement plans to real estate and personal belongings.
You’ll also be responsible for:
- Opening an estate bank account to pay bills and collect funds.
- Reviewing and paying valid debts, including funeral expenses and final utility bills.
- Filing final income tax returns and any required estate tax filings.
Accuracy matters. Keeping organized records helps ensure transparency and builds trust with beneficiaries. We often support families in gathering the necessary documentation and preparing financial summaries for the court and heirs.
Communicating with Beneficiaries
One of the most overlooked—but important—parts of estate administration is keeping beneficiaries informed. When emotions are high and patience is low, regular communication can make a big difference.
It’s helpful to:
- Provide updates about what’s happening with the estate.
- Explain any delays or requirements from the court.
- Offer realistic timelines for asset distribution.
As attorneys, we often assist with beneficiary communication to reduce tension and keep everyone on the same page. Sometimes, a neutral third party is what’s needed to avoid conflict.
Probate Court and Reporting Requirements
Not every estate in Massachusetts goes through probate, but many do, especially if real estate is involved or the estate exceeds certain asset thresholds. Probate is the court-supervised process of administering a will.
If probate is required, the personal representative must:
- File an inventory listing the estate’s assets.
- Provide an accounting of income and expenses during administration.
- Seek court approval for final distributions and estate closure.
This process can take several months or longer, depending on the size of the estate and whether any disputes arise. We help clients manage court filings, track deadlines, and handle any required appearances.
Potential Challenges and How to Handle Them
Even with a well-prepared estate plan, things don’t always go smoothly. Documents may be missing, unexpected debts may arise, or family members may disagree over the terms of a will or trust.
Some of the common issues we’ve seen include:
- Unclear language in a will leading to different interpretations.
- Out-of-date beneficiary designations that no longer reflect the family structure.
- Disputes over who should receive specific assets.
These situations can be stressful, but they don’t have to derail the entire process. With legal guidance and a steady approach, most problems can be resolved.
Fulfilling Estate Administration Duties with Confidence
Estate administration is about more than collecting paperwork and paying bills. It’s about honoring a loved one’s legacy and doing right by those left behind. If you’ve been named as a personal representative, you don’t have to handle it all on your own.
At Surprenant, Beneski & Nunes, P.C., we work with families throughout Southeastern Massachusetts to make sure estate administration is handled correctly and efficiently. Whether you’re just getting started or you’re facing an issue mid-process, we’re here to support you. Contact us today to schedule a consultation and get the guidance you need.