The Importance of Letters of Authority in Massachusetts Probate Court

When a loved one passes away in Massachusetts, their estate often needs to go through the probate process before assets can be distributed to heirs or beneficiaries. For many families this process can be very overwhelming, filled with legal paperwork, court deadlines, and uncertainty about what comes next. While the probate process can take anywhere from several months to several years, the issuance of Letters of Authority, which formally appoints a Personal Representative of the estate, is the final step of the probate process.

What Are Letters of Authority?

Letters of Authority are the official court document issued by the Probate & Family court located in the county where probate was filed (which is almost always the county where the decedent was domiciled). The Letters formally appoint a Personal Representative of the estate. These letters serve as proof that the Personal Representative has the legal authority to act on behalf of the estate.

The “Letters” are actually only a one-page document, signed and officially sealed by the Register of Probate. The Letters directly state that “these letters are proof of your authority to act pursuant to M.G.L. c. 190B,” and in limited circumstances may place restrictions on the Personal Representative’s authority to take certain actions.

The Personal Representative is able to take some steps prior to their official appointment. These actions include inventorying assets or following any instructions outlined in a Will relating to the disposition of the body such as funeral, cremation, or burial instructions. However, most actions will require the issuance of the Letters of Authority.

Without Letters of Authority, most banks, financial institutions, life insurance companies, or other entities will not discuss any matters relating to the decedent’s accounts. Moreover, these institutions will not allow you to access or liquidate accounts, transfer property, execute transactions, or take any actions relating to an account that is held in the decedent’s individual name. As a result, the issuance of the Lettes of Authority is the “golden ticket” for the Personal Representative to be able to communicate with these financial institutions, and take the necessary steps to carry out the terms of the Will (if applicable) or make distributions to the legal heirs.

Why Are Letters of Authority the Last Step in the Probate Filing Process?

The probate process begins with filing a petition for probate with the appropriate court, which requires multiple court pleadings and forms to be included in the filing. For a full overview of the Massachusetts Probate Process, you can read our legal blog here. The petition will vary based on the type of procedure being requested, which is either formal, informal, or voluntary administration. In the petition, a formal request is made to the court to approve the named Personal Representative. The Personal Representative will either be named in the Will (if the decedent died with a Will), or will be based on a statutory priority of appointment as codified in M.G.L. c.190B Article II § 3-203. Priority begins with anyone named in a Will, then a surviving spouse, devisees in the will, and continues from there.

Once the court approves the petition and the proper notice and subsequent procedures are satisfied, the probate court will issue the Letters of Authority, officially approving and appointing the requested Personal Representative.

Once in possession of the Letters, the Personal Representative can begin the necessary actions of estate administration, such as:

• Obtaining a Tax Identification Number for the Estate – which is required to open up a bank account in the name of the estate;
• Collecting or liquidating financial assets – including bank accounts, investment or brokerage accounts, or any retirement accounts without a named POD beneficiary;
• Conveying real estate – through a power to sell granted in a Will or a license to sell that is approved by the probate court;
• Paying debts and final expenses – including outstanding bills, medical expenses, any estate taxes due, as well as any creditor claims made against the estate;
• Distributing assets to beneficiaries – once all assets are accounted for and all debts are settled, the final distributions can be made to the beneficiaries or legal heirs.

Common Questions About Letters of Authority in Massachusetts

1. How long does it take to receive Letters of Authority?
   The probate process can be unpredictable at times. In an uncontested probate case, Letters of Authority can be issued anywhere from 2-6 months after filing, though timelines vary depending on the county, the complexity of the estate, and the type of probate being filed.
2. Do Letters of Authority expire?
   They remain valid as long as the Personal Representative is serving. If circumstances change, the court can amend or revoke them, or can appoint a new Personal Representative in the event the original is unable to serve for any reason, namely death or incapacitation.
3. What if I lose my Letters of Authority?
   Certified copies can be obtained from the probate court. Almost all financial institutions require a certified copy before granting access to accounts, and will not accept a photocopy.

Why Letters of Authority Matter to Families

For families grieving the loss of a loved one, receiving Letters of Authority is often a relief. While it is the final step of the probate filing process, it is just the beginning for the Personal Representative that has been appointed. It is an imperative step towards taking vital actions on behalf of the estate, closing all accounts, and making disbursements to the legal heirs. Without these Letters, some estate assets will remain inaccessible, bills go unpaid, and family members and heirs are left waiting for direction.

This is where many people realize the value of working with an experienced Massachusetts probate attorney, such as those at Lane, Lane & Kelly, LLP in Braintree, Massachusetts. The probate petition, paperwork, and fiduciary responsibilities can feel overwhelming for the Personal Representative. Even small mistakes can cause delays or legal disputes. For many Personal Representatives, navigating the probate process alone without legal counsel can feel like a full-time job. Having legal guidance ensures that you obtain your Letters of Authority as quickly as possible, you meet important court deadlines, handle any estate taxes or creditor claims correctly, and avoid personal liability as a Personal Representative.

What To Do After a Loved One Passes in Massachusetts

Losing a loved one is never easy. The experienced attorneys at Lane, Lane & Kelly have prepared a detailed checklist for anyone that has lost a loved one and needs guidance to better understand what comes next. Click the link below to download our free PDF checklist.

Navigating the probate process can be challenging, but understanding the significance of obtaining the Letters of Authority helps families feel more confident about the process and what lies next.

If you’ve recently lost a loved one in Massachusetts, our firm is here to help. With almost a century of experience guiding families through probate and estate administration, we can ensure the process is handled efficiently, meticulously, and with the utmost compassion.

This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this blog you understand that there is no attorney client relationship between you and Lane, Lane & Kelly, LLP.