Chapter 190B

Section 1–105. [Construction Against Implied Repeal.] This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

Section 1–106. [Effect of Fraud and Evasion.] Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may o…

Section 1–107. [Evidence of Death or Status.] In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:— (1) Death occurs when an individual has sustained either (i) irreversible cessation of…

Section 1–108. [Act by Holder of General Power.] For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond or to perform other duties, and for pu…

Section 1–109. [Standard of Proof.] In contested cases, the standard of proof is a preponderance of the evidence.

Section 1–201. [Definitions and Inclusions.] Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this chapter: (1) ''Administration'', includes both form…

Section 1–301. [Territorial Application.] Except as otherwise provided in this chapter, this chapter applies to: (1) the affairs and estates of decedents and missing persons domiciled in the commonwealth, (2) the property of nonresidents located in the commonwealth or property co…

Section 1–302. [Subject Matter Jurisdiction.] (a) To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to: (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, an…

Section 1–303. [Venue; Multiple Proceedings; Transfer.] (a) Where a proceeding under this chapter could be maintained in more than one place in the commonwealth, the division in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concern…

Section 1–307. [Magistrate; Powers.] The acts and orders which this chapter specifies as performable by the magistrate may be performed either by the magistrate or such other official of the court, including a judge or other official of the court, all as designated by the court b…

Section 1–310. [Oath or Affirmation on Filed Documents.] Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including petitions, and demands for notice, shall be deemed to include an oath, affirmation, or s…

Section 1–401. [Notice; Method and Timing of Giving.] (a) If notice on any matter is required by reference to this section and except for specific notice requirements as otherwise provided, the court shall fix a return date and issue a citation. The petitioner shall cause notice …

Section 1–402. [Notice; Waiver.] A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought…

Section 1–403. [Pleadings; When Parties Bound by Others; Notice.] In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (1) Interests to be affected shall…

Section 1–404. [Guardian Ad Litem and Next Friend.] (a) If, in a formal proceeding involving trusts or estates of decedents, minors, protected persons or incapacitated persons and in judicially supervised settlements, or otherwise, a minor, a protected person, an incapacitated pe…

Section 2–101. [Intestate Estate.] (a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this part, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or…

Section 2–102. [Share of Spouse.] The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant or parent of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviv…

Section 2–103. [Share of Heirs Other Than Surviving Spouse.] Any part of the intestate estate not passing to the decedent's surviving spouse under section 2–102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals desig…

Section 2–105. [No Taker.] If there is no taker under the provisions of this article, the intestate estate passes to the commonwealth; provided, however, if such intestate is a veteran who died while a member of a state-operated veterans' home, the intestate estate shall inure to…

Section 2–106. (a) [Representation.] In this section: (1) ''Deceased descendant'', ''deceased parent'', or ''deceased ancestor'', a descendant, parent, or ancestor who predeceased the decedent. (2) ''Surviving descendant'', a descendant who survived the decedent. (b) If, under se…

Section 2–107. [Kindred of Half Blood.] Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

Section 2–108. [Afterborn Heirs.] An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.

Section 2–109. [Advancements.] (a) If an individual dies intestate as to all or a portion of the estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate s…

Section 2–110. [Debts to Decedent.] A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendan…

Section 2–111. [Alienage.] No individual is disqualified to take as an heir because the individual or another individual through whom the individual claims is or has been an alien.

Section 2–112. [Dower and Curtesy Abolished.] The estates of dower and curtesy are abolished.

Section 2–113. [Individuals Related to Decedent Through Two Lines.] An individual who is related to the decedent through 2 lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.

Section 2–114. [Parent and Child Relationship.] (a) Except as provided in subsection (b), for purposes of intestate succession by, through, or from a person, an individual is the child of his natural parents, regardless of their marital status. The parent and child relationship m…

Section 2–301. [Entitlement of Spouse; Premarital Will.] (a) If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate the spouse …

Section 2–302. [Omitted Children.] (a) Except as provided in subsection (b), if a testator fails to provide in a will for any children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows: (1) If …

Section 2–401. [Applicable Law.] This part applies to the estate of a decedent who dies domiciled in the commonwealth. Rights to exempt property, and discretionary family allowance for a decedent who dies not domiciled in the commonwealth are governed by the law of the decedent's…

Section 2–403. [Exempt Property.] (a) The decedent's surviving spouse is entitled from the estate to a value at date of death, not exceeding $10,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If…

Section 2–404. [Discretionary Family Allowance.] (a) In addition to the right to exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonab…

Section 2–405. [Source, Determination, and Documentation.] If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who ar…

Section 2–501. [Who May Make Will.] An individual 18 or more years of age who is of sound mind may make a will.

Section 2–502. [Execution of Wills.] (a) Except as provided in subsection (b) and in sections 2–506 and 2–513, a will shall be: (1) in writing; (2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's…

Section 2–504. [Self–Proved Will.] (a) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which…

Section 2–505. [Who May Witness.] (a) An individual generally competent to be a witness may act as a witness to a will. (b) The signing of a will by an interested witness shall not invalidate the will or any provision of it except that a devise to a witness or a spouse of such wi…

Section 2–506. [Choice of Law as to Execution.] A written will is valid if executed in compliance with section 2–502 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of executi…

Section 2–507. [Revocation by Writing or by Act.] (a) A will or any part thereof is revoked: (1) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (2) by performing a revocatory act on the will, if the testator performed the a…

Section 2–508. [Revocation by Change of Circumstances.] Except as provided in sections 2–301, 2–803 and 2–804, a change of circumstances shall not revoke a will or any part of it.

Section 2–509. [Revival of Revoked Will.] (a) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 2–507(a)(2), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from t…

Section 2–510. [Incorporation by Reference.] A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

Section 2–511. [Testamentary Additions to Trusts.] (a) A will may validly devise property to the trustee of a trust established or to be established (i) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a fun…

Section 2–512. [Events of Independent Significance.] A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or aft…

Section 2–513. [Separate Writing Identifying Devise of Certain Types of Tangible Property.] A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible und…