Massachusetts Statutes

Section 2–711. [Future Interests in ''Heirs'' and Like.] If an applicable statute or a governing instrument calls for a future distribution to or creates a future interest in a designated individual's ''heirs'', ''heirs at law'', ''next of kin'', ''relatives'', or ''family'', or …

Section 2–801. [Disclaimer of Property Interests.] (a) The following words as used in this section shall have the following meanings, unless otherwise expressly provided or the context otherwise requires:— ''Beneficiary'', any person to whom, and any estate, trust, corporation or…

Section 2–802. [Effect of Divorce, Annulment, and Decree of Separation.] (a) An individual who is divorced from the decedent is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A judgment of separat…

Section 2–803. [Effect of Homicide on Intestate Succession, Wills, Trusts, Joint Assets, Life Insurance, and Beneficiary Designation.] (a) In this section: (1) ''Disposition or appointment of property'', includes a transfer of an item of property or any other benefit to a benefic…

Section 2–804. [Revocation of Probate and Nonprobate Transfers by Divorce; No Revocation by Other Changes of Circumstances.] (a) In this section: (1) ''Disposition or appointment of property'', includes a transfer of an item of property or any other benefit to a beneficiary desig…

Section 2–901. [Statutory Rule Against Perpetuities.] (a) A nonvested property interest is invalid unless: (1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or (2) the interest either vests or …

Section 2–902. [When Nonvested Property Interest or Power of Attorney Appointment Created.] (a) Except as provided in subsections (b) and (c) and in section 2–905(a), the time of creation of a nonvested property interest or a power of appointment is determined under general princ…

Section 2–903. [Reformation.] Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by section 2–901(a)(2), 2–901(b)(2), or 2–9…

Section 2–904. [Exclusions from Statutory Rule Against Perpetuities.] Section 2–901 shall not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of…

Section 2–905. [Prospective Application.] (a) Except as extended by subsection (b), this part applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this part. For purposes of this section, a nonvested property interes…

Section 2–906. [Supersession.] This part supersedes the rule of the common law known as the rule against perpetuities.

Section 3–1001. [Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.] (a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at a…

Section 3–1003. [Closing Estates; By Sworn Statement of Personal Representative.] (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court…

Section 3–1004. [Liability of Distributees to Claimants.] After assets of an estate have been distributed and subject to Section 3–1006, an undischarged claim not barred may be prosecuted in a proceeding against 1 or more distributees as an improper distribution in accordance wit…

Section 3–1005. [Limitations on Proceedings Against Personal Representative.] Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal repre…

Section 3–1006. [Limitations on Actions and Proceedings Against Distributees.] Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant to recover from a distrib…

Section 3–101. [Devolution of Estate at Death; Restrictions.] The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to property are subject to the restrictions and limitations contained in this chapter to facilitate the prompt settlemen…

Section 3–102. [Necessity of Order of Probate for Will.] Except as provided in section 3–1201, to be effective to prove the transfer of any property or to nominate an executor, a will shall be declared to be valid by an order of informal probate by a magistrate or an adjudication…

Section 3–103. [Necessity of Appointment for Administration.] Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or a magistrate, …

Section 3–104. [Claims Against Decedent; Necessity of Administration.] No proceeding to enforce a claim against the estate of a decedent or a decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until dis…

Section 3–105. [Proceedings Affecting Devolution and Administration.] Persons interested in decedents' estates may petition the magistrate for determination in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within th…

Section 3–106. [Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction Over Persons.] In proceedings within the exclusive jurisdiction of the court where notice is required by this chapter or by rule, and in proceedings to construe probated wills or determi…

Section 3–107. [Scope of Proceedings; Proceedings Independent; Exception.] Unless supervised administration as described in part 5 is involved, (1) each proceeding before the court or a magistrate is independent of any other proceeding involving the same estate; (2) petitions for…

Section 3–108. [Probate, testacy and appointment proceedings; ultimate time limit.] No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment …

Section 3–109. [Statutes of Limitation on Decedent's Cause of Action.] No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of death, shall apply to bar a cause of action surviving the decedent's death sooner than …

Section 3–1101. [Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons.] A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, as to the administration o…

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…