Massachusetts Statutes

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 …

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…