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Dunn & Phillips, P.C.
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What Does an Executor Actually Do in Massachusetts?

Dunn & Phillips, P.C. Probate & Estate Planning

If a loved one named you to settle their estate, or you are considering naming someone in your own will, it helps to understand what the job involves. In Massachusetts, the person who settles an estate is called the personal representative (the older term “executor” still appears in many wills). It is a role with real responsibility, and it asks the person to act honestly and in the estate’s best interest.

Getting appointed

The authority to act does not come from the will alone. The personal representative is appointed by the Probate and Family Court. That means filing a petition, providing notice to the interested parties, and submitting the will and death certificate. Until the court issues the appointment, the named person generally cannot sell property, access accounts, or pay debts on the estate’s behalf.

The core responsibilities

Once appointed, the personal representative typically must:

  • Identify and protect the assets, from bank accounts and investments to real estate and personal property.
  • Notify creditors and pay valid debts, including final bills and taxes, in the order the law requires.
  • File tax returns, including the decedent’s final income tax return and, where applicable, estate tax returns.
  • Keep careful records of everything received and paid out.
  • Distribute what remains to the beneficiaries named in the will, and provide an accounting.

The duties that catch people off guard

A personal representative is personally accountable for handling the estate properly. Paying the wrong people first, distributing assets before debts and taxes are settled, or failing to keep records can create personal liability. The role also takes time, often many months, and can involve uncomfortable conversations with relatives who expected something different.

None of this means you should decline. It means you should go in informed, and that having guidance through the probate process protects both the estate and you.

You do not have to do it alone

Most personal representatives are not lawyers or accountants, and they are not expected to be. Working with counsel through probate keeps the filings correct and on schedule, helps avoid the missteps that create personal exposure, and lets you focus on your family. If you have been named, or have just lost someone and are not sure where to begin, an early conversation can map out the steps ahead.

Free worksheet · PDF

Get the Massachusetts Executor's Probate Checklist

A stage-by-stage guide to settling an estate in Massachusetts: every filing and deadline, in one PDF worksheet. From a firm that guides executors every week.

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Saves to your device as a fillable PDF you can complete or print. It is free, with nothing to fill out first.

Using this does not make us your attorneys. It is general information, not legal advice.

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