Chapter 190B

Section 3–614. [Special Representative; Appointment.] A special personal representative may be appointed in a proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or t…

Section 3–615. [Special Representative; Who May Be Appointed.] Any suitable person may be appointed special personal representative.

Section 3–617. [Special Representative; Formal Proceedings; Power and Duties.] (a) A special personal representative appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited by section 3–715(b) and in the appoin…

Section 3–618. [Termination of Appointment; Special Representative.] The appointment of a special representative terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of…

Section 3–701. [Time of Accrual of Duties and Powers.] The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior…

Section 3–702. [Priority Among Different Letters.] A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed…

Section 3–703. [General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue.] (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by chapter 203C. A personal representative shall have…

Section 3–704. [Personal Representative to Proceed Without Court Order; Exception.] A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal r…

Section 3–706. [Duty of personal representative; inventory and appraisement.] (a) Within 3 months after appointment, a personal representative, who is not a successor to another representative, shall prepare an inventory of the property owned by the decedent at the time of death,…

Section 3–707. [Employment of Appraisers.] The personal representative may employ 1 or more qualified and disinterested appraisers to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable d…

Section 3–709. [Duty of Personal Representative; Possession of Estate.] (a) Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible…

Section 3–710. [Power to Avoid Transfers.] The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors, and subject to prior liens, the right to recover t…

Section 3–712. [Improper Exercise of Power; Breach of Fiduciary Duty.] If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a truste…

Section 3–713. [Sale, Encumbrance or Transaction Involving Conflict of Interest; Voidable; Exceptions.] Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representativ…

Section 3–714. [Persons Dealing with Personal Representative; Protection. ] A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised power. The fact that…

Section 3–715. [Transactions Authorized for Personal Representatives; Exceptions.] (a) Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 3–902, a personal representative other than a specia…

Section 3–716. [Powers and Duties of Successor Personal Representative.] A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but shall …

Section 3–717. [Co-representatives; When Joint Action Required.] If 2 or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This res…

Section 3–718. [Powers of Surviving Personal Representative.] Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the 1 or more remaining after the appointment of 1 or more is terminated, and if 1 of 2 or more…

Section 3–719. [Compensation of Personal Representative.] A personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the perso…

Section 3–720. [Expenses in Estate Litigation.] If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not that personal representative or person is entitled to receive from the estat…

Section 3–802. [Statutes of Limitations.] Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred …

Section 3–803. [Limitations on Presentation of Claims.] (a) Except as provided in this chapter, a personal representative shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within 1 year after the date of death of the deceased a…

Section 3–804. [Manner of Commencement of Claims.] (1) A personal representative shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapte…

Section 3–805. [Classification of Claims.] (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) costs and expenses of administration; (2) reasonable funeral expenses; (3) …

Section 3–806. [Allowance of Claims.] (a) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim. (b) Unless otherwise provided in any judgment in another court entered against the …

Section 3–807. [Payment of Claims.] (a) Upon the expiration of the time limitation provided in section 3–803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making pr…

Section 3–808. [Individual Liability of Personal Representative.] (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless…

Section 3–809. [Secured Claims.] Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of 1 of the following: (1) if the creditor exhausts his security before receiving payment, unless precl…

Section 3–810. [Claims Not Due and Contingent or Unliquidated Claims.] (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a p…

Section 3–811. [Counterclaims.] In paying a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the cou…

Section 3–812. [Execution and Levies Prohibited.] No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mort…

Section 3–813. [Compromise of Claims.] When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliqui…

Section 3–814. [Encumbered Assets.] If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or tr…

Section 3–815. [Administration in More Than One State; Duty of Personal Representative.] (a) All assets of estates being administered in the commonwealth are subject to all claims, allowances and charges existing or established against the personal representative wherever appoint…

Section 3–816. [Final Distribution to Domiciliary Representative.] The estate of a non-resident decedent being administered by a personal representative appointed in the commonwealth shall, if there is a personal representative of the decedent's domicile willing to receive it, be…

Section 3–901. [Successors' Rights if No Administration.] In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to …

Section 3–902. [Distribution; Order in Which Assets Appropriated; Abatement.] (a) Except as provided in subsection (b) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any prefe…

Section 3–903. [Right of Retainer.] The amount of a non-contingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him…

Section 3–904. [Interest on General Pecuniary Devise.] The rate of interest upon general pecuniary devises or pecuniary distribution under a trust instrument, unless otherwise provided in the will or trust instrument, shall be such as the supreme judicial court may by general rul…

Section 3–906. [Distribution in Kind; Valuation; Method.] (a) Except as restricted or otherwise provided for by will or order of the court, a personal representative may distribute assets of the estate in kind or partly in cash and partly in kind and pro rata or not pro rata at t…

Section 3–907. [Distribution in Kind; Evidence.] If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the prope…

Section 3–908. [Distribution; Right or Title of Distributee.] Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to th…

Section 3–909. [Improper Distribution; Liability of Distributee.] Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is l…

Section 3–912. [Private Agreements Among Successors to Decedent Binding on Personal Representative.] Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled un…

Section 3–913. [Distributions to Trustee.] (a) If a trust instrument does not excuse the trustee from giving bond, before distributing to a trustee a personal representative may petition the appropriate court to require that the trustee post bond with sureties if the personal rep…

Section 3–914. [Disposition of Unclaimed Assets.] (a) If a personal representative has money which the personal representative considers it advisable to deposit in a savings bank, or in savings accounts in a trust company, or in paid-up shares and accounts of and in a co-operativ…

Section 3–915. [Distribution to Person Under Disability.] (a) A personal representative may discharge his obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will. (b) Unless contrary to an express provision in the w…

Section 3–916. [Apportionment of Estate Taxes.] (a) For purposes of this section: (1) ''Estate'', the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to the commonwealth; (2) ''Fiduciary'', personal representative or trust…

Section 3–917. [Partial Distribution.] If the court finds that partial distribution of the property of an estate in process of settlement can, without detriment to such estate, be made to the persons entitled thereto, the court may, subject to the rights of creditors and after no…