The Massachusetts Executor’s Checklist
Being named executor (in Massachusetts, “personal representative”) can feel like being handed a job with no instructions, in the middle of grief. Here’s the whole thing in plain English, roughly in order — so you can see the path and take it one step at a time.
First days & weeks
- Get several certified copies of the death certificate (you’ll need them repeatedly).
- Locate the original will and any codicils.
- Secure the home and property — lock up, take photos, keep it insured.
- Do not pay debts or distribute anything yet.
- Choose a Massachusetts probate attorney.
Opening the estate
- File the petition for probate with the Probate and Family Court in the county where the person lived.
- Get appointed and obtain your Letters of Authority.
- Open an estate bank account; get a tax ID (EIN) for the estate.
Taking inventory & notifying
- Inventory the assets — accounts, property, vehicles, personal items.
- Value the assets as of the date of death (this matters for taxes — see stepped-up basis).
- Notify creditors and give the required notice; the creditor period runs (generally up to a year).
- Notify Social Security, pensions, and insurers.
The house
- Keep it insured (ask about a vacant-home policy) and maintained.
- Get a free valuation so you know what it’s worth.
- Determine your authority to sell — power of sale in the will, heir consent, or a License to Sell.
- Decide: list or sell for cash. You can often prep and market while probate is open.
Paying & closing out
- Pay valid debts, final expenses, and taxes from the estate.
- Clear the Massachusetts estate tax lien on real estate before transferring title.
- Prepare the final accounting.
- Distribute remaining assets to heirs/devisees.
- Close the estate with the court.
(Order and requirements vary by estate — your attorney will tailor this to your situation.)
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Important: Next Step Probate provides general educational information and helps families sell estate real estate. We are not attorneys, accountants, or financial advisors, and nothing here is legal, tax, or financial advice. Contacting us does not create an attorney-client relationship. Always consult a licensed Massachusetts probate attorney before acting.