Chapter 202

Section 1. If the personal property of a deceased person is insufficient to pay his debts, legacies and charges of administration, his executor or administrator shall, for the purpose of paying such debts, legacies or charges of administration, sell his real estate in the manner …

Section 10. No license to sell real estate shall be granted to an executor or administrator until notice of the petition and of the time and place appointed for hearing the same has been given by serving such notice personally on all persons interested in the estate at least four…

Section 11. No license to sell real estate shall be granted to a guardian or conservator until such notice as the court orders has been given to the next of kin of the ward, to all his heirs apparent or presumptive, and to all persons interested in the estate.

Section 12. No license to sell real estate shall be granted to the guardian of a spendthrift who resides in the commonwealth unless seven days notice of the petition therefor has been given to the department of transitional assistance. Such notice may be served upon any member of…

Section 13. No license shall be granted to an executor or administrator, if any person interested in the estate gives bond to him in a sum and with sureties approved by the court, conditioned to pay, so far as the personal property of the deceased shall be insufficient therefor, …

Section 14. Upon a petition of an executor or administrator for a license to sell real estate of the deceased or of a guardian or conservator to sell real estate of his ward, the court may, if the petitioner so requests, authorize him to sell such property at public auction and t…

Section 15. An executor, administrator, guardian or conservator shall give notice of the time and place of a sale by auction by causing notices thereof to be posted, thirty days at least before the sale, in a public place in the town where the land lies, and in two adjoining town…

Section 16. An affidavit of the executor, administrator, guardian or conservator, or of a person in his behalf, filed and recorded with a copy of the notice in the registry of probate, or such affidavit made by any person and filed and recorded with such copy by permission of the…

Section 17. If at the time appointed for such sale the executor, administrator, guardian or conservator considers it for the interest of all persons concerned that the sale should be postponed, he may adjourn it for not more than fourteen days, and notice of such adjournment shal…

Section 18. If an executor or administrator is licensed to sell land which has been fraudulently conveyed by the deceased or is fraudulently held by another person for him, or land to which the deceased had a right of entry or of action or of which he had a right to a conveyance,…

Section 19. The probate court may, upon petition of an administrator, administrator with the will annexed, or executor filed within one year after the date of the giving of the executor's or administrator's bond, or, if an administrator de bonis non shall be appointed within one …

Section 2. The real estate so liable to be sold shall include all land of the deceased, all rights of entry and of action and all other rights and interests in land, which would descend to his heirs or would have been liable to attachment or execution by a creditor of the decease…

Section 20. No interest in the real estate of a deceased person conveyed absolutely or in mortgage for value and in good faith by an instrument duly recorded shall be liable to be taken on execution, or sold under any judicial proceeding for payment of his debts, costs of court, …

Section 20A. No interest in the real estate of a deceased person conveyed absolutely or in mortgage for value and in good faith by an instrument duly recorded shall be liable to be taken on execution, or sold under any judicial proceeding for payment of expenses or charges of adm…

Section 21. If the income of the estate of a ward is insufficient to maintain him and his family or if it appears that it would be for his benefit that his real estate or any part thereof or any standing or growing wood thereon should be sold and the proceeds placed on interest o…

Section 22. To obtain such license, the guardian or conservator shall file a petition setting forth the condition of the estate and the facts and circumstances on which the petition is founded. If after an examination, on the oath of the petitioner or otherwise, the court finds t…

Section 23. If the sale is made for the maintenance of the ward and his family, the guardian or conservator shall apply the proceeds, so far as necessary, to that purpose, and shall place the residue on interest or invest it according to his best judgment until the capital is wan…

Section 24. If the property is sold in order to place on interest or invest the proceeds, the guardian or conservator shall make the investment according to his best judgment, or in pursuance of any order of the court relative thereto.

Section 25. A sale of the property of a minor for the purpose of investment may be made upon the petition of the guardian or any friend of the minor, and the court may authorize the guardian or another person to sell and convey the property. The provisions of this chapter relativ…

Section 26. If the sale is made by a person other than the guardian, the proceeds shall forthwith be paid to the guardian upon his giving to the judge of probate a bond with sufficient sureties conditioned to account for such proceeds. If there is no guardian, the proceeds shall …

Section 27. A guardian or conservator appointed within the commonwealth, whose ward removes from or resides out of the commonwealth, may sell the real estate of his ward and transfer and pay over the whole or any part of the proceeds of such sale to a guardian, conservator, trust…

Section 28. The probate court may, upon petition and after notice to all persons interested, if upon a hearing it appears to be for the benefit of the estate, authorize an executor, administrator with the will annexed or administrator to mortgage any of the real estate for the pu…

Section 29. The probate court may, upon petition of a guardian or conservator, if, after notice and a hearing, it appears to be necessary or expedient, authorize him to mortgage any real estate of his ward.

Section 3. Upon a petition by an executor or administrator to sell real estate of a deceased person, if it shall appear that a surviving husband is or may be entitled to an estate of curtesy, or a surviving wife to an estate of dower in the premises to be sold, the probate court …

Section 30. A petition under either of the two preceding sections shall set forth a description of the estate to be mortgaged, the amount of money necessary to be raised and the purposes for which it is required; and the decree of the court upon such petition shall fix the amount…

Section 31. The probate court may, upon the petition of a guardian or conservator setting forth a description of the real estate of his ward which he desires to lease, the reason why it is necessary or expedient to give a written lease thereof, and the length of the term, if, aft…

Section 32. An executor or administrator appointed in another state or country upon the estate of a person who was not at the time of his death a resident of this commonwealth and upon whose estate administration has not been granted in this commonwealth, duly qualified and actin…

Section 33. If a person who resides out of the commonwealth is under guardianship or conservatorship in the state or country where he resides and has no guardian or conservator appointed in this commonwealth, the foreign guardian or conservator may file an authenticated copy of h…

Section 34. If the court finds that such foreign guardian or conservator has given bond with sufficient surety or sureties, in the state or country where he was appointed, to account for the proceeds of such sale, mortgage or lease, and if an authenticated copy of such bond is fi…

Section 35. A foreign executor, administrator, guardian or conservator who has been licensed to sell real estate shall, except as otherwise provided, give notice of the time and place of sale, and otherwise proceed as is provided for an executor, administrator, guardian or conser…

Section 36. On petition under any provision of this chapter by a guardian or conservator of a ward who is a tenant by the entirety of real estate or by a receiver, appointed under chapter two hundred, of an absentee person who is such a tenant by the entirety, for a license to se…

Section 37. The decree of a probate court upon a petition for leave to sell real or personal property shall be sufficient to authorize any action requiring a license by said court by any general or special law. A decree, authority, or order of said court shall contain a descripti…

Section 38. After the entry of a decree authorizing or licensing an executor, administrator, guardian, conservator or trustee to sell real estate at a public or private sale, provided: (a) the notice of the petition for license to sell real estate and of the time and place appoin…

Section 4. Real estate not devised shall be first chargeable with the payment of debts, legacies or charges of administration in exoneration of real estate devised, unless a different intention appears by the will.

Section 4A. If the personal property of a deceased person appears to be insufficient to pay his debts, the probate court may, subject to the rights of the surviving spouse under section one of chapter one hundred and ninety-six, after notice, authorize the executor or administrat…

Section 5. If the personal property in the hands of a guardian or conservator is insufficient to pay the debts of the ward, with the charges of managing his estate, the guardian or conservator may be licensed to sell the ward's real estate for that purpose or for the purpose of r…

Section 6. A license to an executor or administrator to sell the real estate of a deceased person or to a guardian or conservator to sell the real estate of his ward may be granted by the probate court appointing him.

Section 7. To obtain such license, the executor, administrator, guardian or conservator shall file a petition stating the value of the personal property in his hands, the amount of the charges of administration or management, the amount of debts due from the deceased or ward, as …

Section 8. If it is represented in such petition and appears to the court to be necessary to sell a part of the real estate, and that by such partial sale the residue of the property or of a specific part or piece thereof would be greatly injured, the court may license a sale of …

Section 9. If a will contains a provision for the payment of debts, or which may require or induce the court to marshal the assets in a manner different from that which the law would otherwise provide, the executor shall set forth in the petition a copy of the will, and the court…