Executor Resignation and Removal Requirements in Massachusetts

At a glance

Requirements one by one

An interested person may petition for a defined set of causes

Under G.L. c. 190B, § 3-611, a person interested in the estate may petition at any time. Cause exists for intentional material misrepresentation by the representative or appointment seeker, disregard of a court order, incapacity, estate mismanagement, or failure to perform an office duty.

Unless the will directs otherwise, a domiciliary personal representative also may remove the Massachusetts representative of local assets while securing ancillary appointment for the domiciliary representative or nominee. The section states no separate court-own-motion or bond-surety petition route.

General removal is discretionary; two other events terminate appointment

Section 3-611 identifies cause but does not command removal whenever a ground is proved. Under § 3-609, death or appointment of a guardian or conservator for the representative's estate terminates the appointment.

A changed testacy assumption works differently. Under § 3-612, later probate, superseding probate, or vacation of informal probate does not itself terminate the representative. Termination occurs on appointment of a person entitled under the later assumption, unless the court orders otherwise in formal proceedings.

Removal uses citation-and-return-date notice

Section 3-611 incorporates § 1-401. The court fixes a return date and issues a citation; the petitioner generally mails or personally delivers it at least 14 days before the return date, or publishes once at least 7 days before that date. The court may alter method or timing for good cause, and proof of notice must be filed by the hearing or return day.

While removal is pending, the court may suspend the representative's authority in any manner. If removal is ordered, the court directs disposition of assets remaining in the representative's name or control.

Resignation combines statutory conditions with Rule 90 acceptance

Under § 3-610, the representative files a written resignation statement with the court after at least 15 days' written notice to known interested persons. If nobody applies or petitions for a successor within the stated notice period, the filing is ineffective. In all events, termination waits for successor appointment and qualification and delivery of assets.

Current Supplemental Probate and Family Court Rule 90 separately permits a justice to accept a personal representative's resignation when it appears proper. The statute states no beneficiary-consent requirement.

Termination does not equal release from prior administration

Section 3-608 ends office powers and authority to represent the estate in proceedings but preserves liability for prior transactions or omissions, the duty to preserve controlled assets, the duty to account, the duty to deliver, and the court's jurisdiction over the former representative.

Before distribution or a restraining order, the former representative may still protect the estate and deliver assets to a successor. The cited termination provisions state no fixed final-account deadline, compensation result, or bond/surety release.

Successors and remaining co-representatives continue the estate

Under § 3-613, ordinary appointment parts govern the successor. Once appointed and qualified, the successor may enter pending proceedings, and previously served notices, process, and claims need not be repeated. The successor ordinarily receives the predecessor's powers and duties.

Section 3-716 requires expeditious completion but withholds will powers made personal to the named executor. Section 3-718 lets remaining co-representatives exercise all powers unless the will provides otherwise.

The cited removal provisions state no special appeal, stay, or reinstatement. Section 3-612 separately uses the expiration of the testacy order's appeal time when measuring its 30-day former-representative appointment route.

What trips people up

• Massachusetts does not include a general best-interests removal ground in § 3-611. Its statutory cause list is narrower than some UPC states.
• A resignation filing is not the effective transition. The successor must be timely sought, appointed, qualified, and receive the assets.
• Suspension can be broader than the ultimate removal grounds. The court may suspend authority “in any manner” while the petition is pending.

Common questions

Who gives notice of removal? The petitioner, using the citation and return-date procedure in Section 1-401.

May a judge accept a resignation? Yes. Rule 90 permits acceptance when it appears proper, while Section 3-610 sets the notice and successor conditions for termination.

Does termination erase earlier liability? No. Section 3-608 expressly preserves liability, accounting, preservation, and delivery duties.

Statutes and sources

• G.L. c. 190B, § 1-401 — citation, return date, notice methods/timing, and proof. — https://www.mass.gov/info-details/mass-general-laws-c190b-ss-1-401 (accessed 2026-08-28)
• G.L. c. 190B, §§ 3-608 to 3-613 — termination effects, death/disability, resignation, removal, changed testacy, and successor transition. — current Trial Court Law Libraries text for § 3-608, § 3-609, § 3-610, § 3-612, and § 3-613; current General Court text for § 3-611 (accessed 2026-08-28)
• G.L. c. 190B, §§ 3-716 and 3-718 — successor and remaining- corepresentative powers. — current Trial Court Law Libraries text for § 3-716 and § 3-718 (accessed 2026-08-28)
• Supplemental Probate and Family Court Rule 90 — judicial acceptance of resignation when proper. — official current rule (accessed 2026-08-28)