Legal Question in Wills and Trusts in Massachusetts

Yes. However, if he does not have a Will under the current Probate Code his estate would go to his parents. You should try and get them to sign a declination of benefits under the estate. For that I suggest you get an attorney to assist you.

First, please accept my condolences on your loss. You can file for probate in MA. If your brother left no spouse or children, you are right that your parents would be the proper people to assent to your serving as personal representative. Probate forms are available online at:

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/mupcforms.html

You would most likely be filing an informal probate unless his estate is valued at $25,000 or less, in which case you could file a Voluntary Administration Statement (which would not need your parents' assent), or unless you expect that the estate would be complicated or challenged, in which case you may be required to file for formal probate.

Best of luck to you -