Mass. Gen. Laws » Part III Title II Chapter 230
Massachusetts General Laws

Mass. Gen. Laws ch. 230, § 5 (2026)

Refusal to enforce claim; action by heir, legatee or creditor

✓ current as of July 2026
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Section 5. It shall be unnecessary to remove an executor or administrator in order that an action to enforce a claim in favor of the estate may be brought by an administrator to be appointed in his place, when he refuses to bring such action at the request of an heir, legatee or creditor, or is unable to do so by reason of his interest or otherwise, but an heir, legatee or creditor having an interest in the enforcement of any such claim may bring a civil action to enforce it for the benefit of the estate in like circumstances and in like manner as a person beneficially interested in a trust fund may bring an action to enforce a claim in favor of such fund, and in case of such action in respect to real estate, it shall not be an obstacle to the action that a license to sell it has not been obtained by the executor or administrator.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1935–2026 · leading case: Spinner v. Nutt, 631 N.E.2d 542 (Mass. 1994).
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Spinner v. Nutt, 631 N.E.2d 542 (Mass. 1994). · cites it 3× “Finally, the plaintiffs allege that, pursuant to G. L. c. 230, § 5 (1992 ed.), and “established trust practice,” they have the right to assert the claims that are the subject matter of their complaint on behalf of the trust since the trustees have refused to do so.”
Umsted v. Umsted, 446 F.3d 17 (1st Cir. 2006). “We find that Rhode Island would adopt the majority position that a cause of action for tortious interference with an expectancy of inheritance, if it lies at all, would not lie where an adequate statutory remedy is available but has not been pursued.”
Stuck v. Schumm, 194 N.E. 895 (Mass. 1935). · cites it 2× “116, amending G. L. (Ter. Ed.) c. 230, § 5, after this suit was brought.”
Samia v. Cent. Oil Co. of Worcester, 158 N.E.2d 469 (Mass. 1959). “This fact, and the fact that Central by counterclaim has joined in seeking relief, provide sufficient basis for maintenance of the suit. 1 We think also that the sisters could maintain this suit, where demand upon Betón as administrator to bring it would have been useless, under…”
Labonte v. Giordano, 687 N.E.2d 1253 (Mass. 1997). “If the executor or administrator of Martha’s estate was unwilling to bring such suit (for example, if Giordano is the executor or administrator), Labonte could still sue Giordano on behalf of the estate under G. L. c. 230, § 5, without having to remove the *323 executor or…”
Siegemund v. Shapland, 324 F. Supp. 2d 176 (D. Me. 2004). · cites it 2× “, ” Mass. Gen. L. ch. 230 § 5. Shap-land argues that this provision applies only to lawsuits against third parties, not lawsuits against the personal representative himself.”
Schleifstein v. Greenstein, 401 N.E.2d 379 (Mass. App. Ct. 1980). “Pearl then commenced this action in the Superior Court pursuant to G. L. c. 230, § 5, 4 and it was referred to a master who was not to report the evidence.”
Siegemund v. Shapland, 247 F. Supp. 2d 1 (D. Me. 2003). “Mass. Gen. Laws Ann. ch. 230, § 5 (West 2002).”
Dunn v. McSweeney, 154 N.E.2d 910 (Mass. 1959). “The petition alleged that the executor refused to take action to *273 enforce the claims although demand was made upon him; that the petition was brought pursuant to G. L. c. 230, § 5; that the estate had as assets one hundred five shares of Telephone stock, a debt of $2,500 and…”
Heavey v. Maloof, 453 Mass. 259 (Mass. 2009). · cites it 6× “2006), he reasons that Suzanne had full authority under G. L. c. 230, § 5, 5 to bring an action on behalf of Adele’s estate *263 to recover funds allegedly misappropriated by the defendant once Edward, the original executor, refused to bring such a lawsuit.”
Gay v. Richmond, 400 N.E.2d 1325 (Mass. App. Ct. 1980). “See G. L. c. 230, § 5. See also Aetna Casualty & Surety Co.”
Ostrowski v. Ostrowski (D. Mass. 2023). · cites it 5× “For his part, Michael relies on Mass. Gen. Laws ch. 230, § 5 as providing him with a basis to assert the claim on behalf of Jane’s estate.”
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