If you’ve been named as the executor of someone’s estate in Massachusetts, you’re being asked to handle one of the most important and sometimes overwhelming jobs after a loved one passes away. It’s not just about paperwork or court dates. You’re legally responsible for making sure their final wishes are carried out, debts are paid, and what’s left goes to the right people. Mess it up, and you could be held personally liable.

What does an executor actually do in Massachusetts probate?

An executor (sometimes called a personal representative) is the person named in a will to manage the estate through probate court. If there’s no will, the court appoints an administrator to do the same job. Either way, your duties kick in once the probate process begins and they don’t end until every asset is distributed and the court closes the case.

You’ll need to locate the original will, file it with the Probate and Family Court in the county where the person lived, notify heirs and creditors, inventory all assets, pay valid debts and taxes, and finally distribute what’s left to beneficiaries. Each step has legal deadlines and requirements, and skipping one can delay everything or worse, lead to lawsuits.

When do you have to start, and how long does it take?

There’s no strict deadline to begin probate in Massachusetts, but delays can cause problems. Creditors have a year from the date of death to make claims, so waiting too long can leave you scrambling later. Most estates take 9 to 18 months to settle, depending on complexity, disputes, or whether real estate needs to be sold.

If the estate qualifies as “small” (under $25,000 in personal property, excluding real estate), you might avoid full probate using a simpler affidavit process. But if there’s a house, business, or complicated assets involved, formal probate is unavoidable.

What are the biggest mistakes executors make?

• Paying bills or distributing assets too early. You must wait until creditors are notified and claims are resolved. Paying beneficiaries before debts can leave you on the hook.
• Missing tax deadlines. The estate may owe state or federal taxes. Failing to file returns or pay what’s due can trigger penalties.
• Not keeping detailed records. Every dollar spent or received should be documented. Beneficiaries and the court will want to see receipts.
• Trying to go it alone without understanding the forms. Probate court requires specific filings. A misstep can mean resubmitting documents or appearing in court unnecessarily. Here’s how to file those forms correctly.

How do you know what assets belong to the estate?

Not everything goes through probate. Jointly owned property, life insurance with named beneficiaries, retirement accounts, and assets in a trust usually pass outside the estate. Your job is to identify what’s subject to probate like bank accounts in the deceased’s name only, personal belongings, or real estate not held jointly.

You’ll need to create a full inventory with values as of the date of death. This includes everything from cars and jewelry to digital assets like cryptocurrency or online accounts. If you’re unsure how to track or value something, get help. Mistakes here can lead to disputes or tax issues later.

Can you get paid for being an executor?

Yes. Massachusetts law allows executors to receive “reasonable compensation” for their time, unless the will says otherwise. What’s reasonable depends on the size and complexity of the estate. Many family members choose not to take payment, but you’re not obligated to work for free especially if the job takes months or involves travel, legal research, or managing property.

What if beneficiaries are unhappy or fighting?

It happens even in families that got along fine before. Your role is to stay neutral and follow the will (or state law if there isn’t one). Don’t take sides. Keep communication clear and written. If conflicts escalate, you may need to ask the court for guidance or hire a lawyer to mediate.

If you’re overwhelmed by family tension or complex assets, you’re allowed to hire professionals: accountants, appraisers, or attorneys. Their fees come out of the estate, not your pocket. Trying to handle everything yourself when you’re out of your depth can cost the estate more in the long run.

Where can you find step-by-step help?

The Massachusetts Probate and Family Court website has forms and basic instructions, but it doesn’t walk you through strategy or common pitfalls. For example, knowing how to secure and manage estate assets in the first weeks can prevent theft, depreciation, or missed payments.

You’ll also need to understand your legal duties under state law, which include acting in good faith, avoiding conflicts of interest, and keeping beneficiaries reasonably informed. Ignorance won’t protect you if you breach those duties.

And when it’s time to wrap things up, you’ll need to know the right way to distribute property including getting signed receipts from beneficiaries and filing a final accounting with the court.

Before you start, here’s what to do next:

1. Locate the original will and death certificate.
2. Open a separate bank account for the estate you can’t use your personal account.
3. Notify Social Security and stop any direct deposits or benefits.
4. Make a list of known assets and debts. Don’t sell or give anything away yet.
5. Consider talking to a probate attorney, even for a one-hour consult. It can save you months of headaches.

For official court forms and procedures, visit the Massachusetts Probate and Family Court site. It won’t answer every question, but it’s the starting point for required filings.