Chapter 190B

Section 3–1102. [Procedure for Securing Court Approval of Compromise.] The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and paren…

Section 3–1103. [Non–Resident Beneficiaries; Payment of Trust Fund to Foreign Trustee.] If all living parties interested as beneficiaries in a trust created by a will allowed in the commonwealth reside outside thereof, the court having jurisdiction of the trust may, on petition o…

Section 3–1201. [Collection of Personal Property by Affidavit.] If a person domiciled in the commonwealth dies leaving an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal p…

Section 3–1202. [Effect of Affidavit.] The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to section 3–1201 is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He or s…

Section 3–1203. [Small Estates; Summary Administration Procedure.] If it appears that the value of the entire estate, less liens and encumbrances, does not exceed family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable…

Section 3–1204. [Small Estates; Closing by Sworn Statement of Personal Representative.] (a) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under t…

Section 3–201. [Venue for First and Subsequent Estate Proceedings; Location of Property.] (a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (1) in the county where the decedent was domiciled at the time of death; or (2) if …

Section 3–202. [Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State.] If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in the commonwealth, and in a testacy or appointment procee…

Section 3–203. [Priority Among Persons Seeking Appointment as Personal Representative.] (a) Whether the proceedings are formal or informal, persons have priority for appointment in the following order: (1) the person with priority as determined by a probated will including a pers…

Section 3–205. [Judge or Register as Personal Representative.] If a judge or register desires to be appointed personal representative of the estate of his spouse, child or parent who at the time of their decease was domiciled in his county, such appointment may be made and all su…

Section 3–301. [Informal Probate or Appointment Proceedings; Petition; Contents.] (a) Petitions for informal probate or informal appointment shall be directed to the court, and verified by the petitioner to be accurate and complete to the best of the petitioner's knowledge and be…

Section 3–302. [Informal Probate; Duty of Magistrate; Effect of Informal Probate.] Upon receipt of a petition requesting informal probate of a will, the court or a magistrate, upon making the findings required by section 3–303 shall issue a written statement of informal probate i…

Section 3–303. [Informal Probate; Proof and Findings Required.] (a) In an informal proceeding for original probate of a will, the court or a magistrate shall determine whether: (1) the petition is complete; (2) the petitioner has made oath or affirmation that the statements conta…

Section 3–304. [Informal Probate; Unavailable in Certain Cases.] Petitions for informal probate which relate to 1 or more of a known series of testamentary instruments, other than a will and 1 or more codicils thereto, the latest of which does not expressly revoke the earlier, sh…

Section 3–305. [Informal Probate; Magistrate Not Satisfied.] (a) If the magistrate is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 3–303 and 3–304 or any other reason, the magistrate may decli…

Section 3–306. [Informal Probate; Notice Requirements.] (a) The petitioner shall give written notice seven days prior to petitioning for informal probate or appointment by delivery or by mail: (1) to all heirs and devisees; (2) to any person having a prior or equal right to appoi…

Section 3–307. [Informal Appointment Proceedings; Delay in Order; Duty of Magistrate; Effect of Appointment.] (a) Upon receipt of a petition for informal appointment of a personal representative other than a special personal representative as provided in section 3–614, if at leas…

Section 3–308. [Informal Appointment Proceedings; Proof and Findings Required.] (a) In informal appointment proceedings, the court or a magistrate shall determine whether: (1) the petition for informal appointment of a personal representative is complete; (2) the petitioner has m…

Section 3–309. [Informal Appointment Proceedings; Magistrate Not Satisfied.] If the magistrate is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 3–307 and 3–308, or for any ot…

Section 3–311. [Informal Appointment Unavailable in Certain Cases.] If a petition for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of the commonwealth, and which is not filed for prob…

Section 3–401. [Formal Testacy Proceedings; Nature; When Commenced.] A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 3–402(a…

Section 3–402. [Formal Testacy or Appointment Proceedings; Petition; Contents.] (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial or…

Section 3–403. [Formal Testacy Proceedings; Notice of Hearing on Petition.] (a) Upon commencement of a formal testacy proceeding, notice shall be given in the manner prescribed by section 1–401 by the petitioner to the persons herein enumerated. (b) Notice shall be given to the f…

Section 3–405. [Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof.] If evidence concerning execution of the will is necessary, the affidavit or testimony of 1 of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting…

Section 3–406. [Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses.] (a) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least 1 of the attesting witnesses, if within the…

Section 3–408. [Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction.] A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for co…

Section 3–409. [Formal Testacy Proceedings; Order; Foreign Will.] After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was comme…

Section 3–410. [Formal Testacy Proceedings; Probate of More Than One Instrument.] If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than 1 instrument may be probated if neither expressly revokes the other or cont…

Section 3–411. [Formal Testacy Proceedings; Partial Intestacy.] If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an or…

Section 3–412. [Formal Testacy Proceedings; Effect of Order; Vacation.] Subject to appeal and subject to vacation as provided herein and in section 3–413, a formal testacy order under sections 3–409 to 3–411, including an order that the decedent left no valid will and determining…

Section 3–413. [Formal Testacy Proceedings; Vacation of Order For Other Cause.] For good cause shown, an order in a formal testacy proceeding may be vacated within the time allowed for appeal.

Section 3–414. [Formal Proceedings Concerning Appointment of Personal Representative.] (a) A formal proceeding for adjudication regarding the priority or qualification of one who is a petitioner for appointment as personal representative, or of one who previously has been appoint…

Section 3–501. [Supervised Administration; Nature of Proceeding.] Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order appr…

Section 3–502. [Supervised Administration; Petition; Order.] A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appoin…

Section 3–503. [Supervised Administration; Effect on Other Proceedings.] (a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal petition then pending or thereafter filed. (b) If a will has been previously probated in inf…

Section 3–504. [Supervised Administration; Powers of Personal Representative.] Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but the personal …

Section 3–505. [Supervised Administration; Interim Orders; Distribution and Closing Orders.] Unless otherwise ordered by the court, supervised administration shall be terminated by order in accordance with time restrictions, notices and contents of orders prescribed for proceedin…

Section 3–601. [Qualification.] Prior to receiving letters, a personal representative shall accept appointment and qualify by filing a bond with the appointing court.

Section 3–602. [Acceptance of Appointment; Consent to Jurisdiction.] By accepting appointment, a personal representative submits personally to the jurisdiction of any court of the commonwealth in any proceeding relating to the estate that may be instituted by any interested perso…

Section 3–603. [Bond Without Sureties.] (a) Sureties shall be required on the bond of a personal representative unless: (i) the will directs that there be no bond or waives the requirement of surety thereon; (ii) all of the heirs, if no will has been probated, or all of the devis…

Section 3–604. [Bond With Sureties; Procedure; Reduction.] (a) If a bond is required and the provisions of the will or order do not specify the amount, unless stated in the petition, the person qualifying shall file a statement under oath with the court indicating the best estima…

Section 3–605. [Demand For Sureties by Interested Person.] Any person apparently having an interest in the estate worth in excess of $5000 or any creditor having a claim in excess of $5000, may make a written demand that a personal representative give sureties on the bond. The de…

Section 3–606. [Terms and Conditions of Bonds.] (a) The following requirements and provisions shall apply to any bond required by this part: (1) Bonds shall name the first justice of the court making the appointment and his successors as obligee for the benefit of the persons int…

Section 3–607. [Order Restraining Personal Representative.] (a) On complaint in equity of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, …

Section 3–608. [Termination of Appointment; General.] Termination of appointment of a personal representative occurs as indicated in sections 3–609 to 3–612, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this c…

Section 3–609. [Termination of Appointment; Death or Disability.] The death of a personal representative or the appointment of a guardian or conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or …

Section 3–610. [Resignation by personal representative.] A personal representative may resign the personal representative's position by filing a written statement of resignation with the court after having provided at least 15 days written notice to the persons known to be intere…

Section 3–611. [Termination of Appointment by Removal; Cause; Procedure. ] (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Notice shall be given in the manner prescribed by section 1–401 by the petitioner to the p…

Section 3–612. [Termination of Appointment; Change of Testacy Status.] Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another…

Section 3–613. [Successor Personal Representative.] Parts 3 and 4 of this article govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be …