If a personal representative is not following the terms of a will in Massachusetts, you can petition the Probate and Family Court to enforce the will, require an accounting, or seek removal of the representative. The court has the authority to compel compliance and protect beneficiaries when an estate is not being administered properly.
When you are a beneficiary and something does not feel right, it is important to act promptly. Delays can affect estate assets and make disputes harder to resolve. Understanding your options under Massachusetts law helps you respond in a focused, informed way.
What Are a Personal Representative’s Duties Under Massachusetts Law?
In Massachusetts, a personal representative, sometimes called an executor, has a fiduciary duty to carry out the instructions in the will and act in the best interests of the estate and its beneficiaries.
Those duties generally include:
- Filing the will with the Probate and Family Court
- Notifying heirs and beneficiaries
- Gathering and protecting estate assets
- Paying valid debts and taxes
- Distributing property according to the will
- Providing accountings when required
A personal representative cannot rewrite the will, delay distributions without justification, or favor one beneficiary over another unless the will allows it.
What Counts as Failing to Follow the Will?
Not every disagreement rises to the level of misconduct. Some delays are caused by tax issues, creditor claims, or court scheduling. However, certain actions may signal a problem.
Common examples include:
- Refusing to distribute assets without a valid reason
- Ignoring specific gifts or changing how property is divided
- Using estate funds for personal expenses
- Failing to provide financial information when requested
- Selling estate property against the terms of the will
When you notice these issues, documentation matters. Keep records of communications, financial statements, and any formal notices you receive.
How Do You Challenge a Personal Representative in Massachusetts?
If concerns persist, you can file a petition with the Probate and Family Court in the county where the estate is being administered.
Depending on the circumstances, the court may:
- Order the personal representative to provide a formal accounting
- Compel compliance with the terms of the will
- Suspend or remove the personal representative
- Appoint a successor
Removal is not automatic. The court will evaluate whether the representative breached fiduciary duties or acted in a way that harms the estate. We help you assess whether the conduct meets that threshold before taking legal action.
Can You Request an Accounting of the Estate?
Yes. Beneficiaries have the right to request information about how estate assets are being handled. In some cases, an informal accounting may resolve misunderstandings. If not, you can ask the court to require a formal, detailed accounting.
An accounting typically outlines:
- Assets collected
- Expenses and debts paid
- Fees taken by the personal representative
- Proposed distributions
This transparency often clarifies whether the representative is complying with the will or deviating from it.
What Happens if the Personal Representative Is Removed?
If the court removes a personal representative, a successor named in the will may step in. If no alternate is named, the court can appoint someone to complete the administration.
Removal does not invalidate the will. The estate process continues under new supervision, and prior actions may be reviewed. In cases involving financial harm, the court may require the former representative to reimburse the estate.
Should You Try to Resolve the Issue Before Going to Court?
In some situations, yes. Miscommunication or a lack of information can create tension. A formal letter from counsel requesting clarification or an accounting can prompt cooperation without immediate litigation.
However, if assets are being misused or distributions are being withheld improperly, waiting can increase the risk to the estate. We work with you to determine when informal resolution makes sense and when court intervention is appropriate.
Protecting Your Inheritance Starts With Taking Action
When a personal representative fails to follow the will, you are not powerless. Massachusetts probate courts have tools to enforce compliance and remove someone who is not fulfilling their duties.
At Surprenant, Beneski & Nunes, P.C., we represent beneficiaries and family members throughout Massachusetts in estate disputes and probate matters. If you believe an estate is being mishandled, contact us to discuss your options. We will review the will, assess the representative’s actions, and help you decide on the next steps to protect your interests.
