Massachusetts Statutes

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…

Section 4–101. [Definitions.] In this Article: (1) ''Domiciliary foreign guardian or foreign conservator'', a foreign guardian or foreign conservator currently qualified and acting under appointment by a court of another jurisdiction in which the protected person is currently dom…

Section 4–201. [Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration.] (a) At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident de…

Section 4–202. [Payment or Delivery Discharges.] Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a lo…

Section 4–203. [Resident Creditor Notice.] Payment or delivery under section 4–201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to or appoi…

Section 4–204. [Proof of Authority–Bond.] If no local administration or application or petition therefor is pending in the commonwealth, a domiciliary foreign personal representative may file with a court in the commonwealth in a county in which property belonging to the decedent…

Section 4–205. [Powers.] A domiciliary foreign personal representative who has complied with section 4–204 may exercise as to personal property in the commonwealth all powers of a local personal representative acting in a similar representative capacity and may maintain actions a…

Section 4–206. [Power of Representatives in Transition.] The power of a foreign personal representative under section 4–201 or 4–205 shall be exercised only if there is no administration or application therefor pending in the commonwealth. An application or petition for local adm…

Section 4–207. [Ancillary and Other Local Administrations; Provisions Governing.] In respect to a nonresident decedent, the provisions of article III of this code govern (1) proceedings, if any, in a court of the commonwealth for probate of the will, appointment, removal, supervi…

Section 4–301. [Jurisdiction by Act of Foreign Personal Representative.] A foreign personal representative submits personally to the jurisdiction of the courts of the commonwealth by (1) filing authenticated copies of his appointment as provided in section 4–204, (2) receiving pa…

Section 4–302. [Jurisdiction by Act of Decedent.] In addition to jurisdiction conferred by section 4–301, a foreign personal representative is subject to the jurisdiction of the courts of the commonwealth to the same extent that the decedent was subject to jurisdiction immediatel…

Section 4–302A. [Proceedings to Determine Property Rights.] In any proceeding in the commonwealth to determine rights in real or personal property in the commonwealth or administered by a fiduciary in the commonwealth or under a will admitted to probate in the commonwealth: (a) T…

Section 4–303. [Service on Foreign Personal Representative.] (a) In addition to and not in limitation of other provisions of law, service of process may be made upon the foreign personal representative, guardian or conservator by registered or certified mail, addressed to the las…

Section 4–401. [Effect of Adjudication For or Against Personal Representative.] An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate of a non resident decedent is as binding on the local personal representative as if the lo…

Section 5–101. [Definitions and Inclusions.] As used in parts 1 to 4, inclusive, of this article: (1) ''Claims'', in respect to a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which a…

Section 5–102. [Facility of Payment or Delivery.] (a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to: (1) the minor; (2) any person havi…

Section 5–103. [Delegation of Powers by Parent or Guardian.] (a) A parent or parents of a minor, other than a parent or parents whose parental rights have been terminated or a parent who has signed a voluntary surrender, or a guardian or guardians of a minor or incapacitated pers…

Section 5–105. [Venue.] (a) Provided that the court has jurisdiction: (1) venue for a guardianship proceeding for a minor is in the court at the place where the minor resides at the time the proceedings are commenced, or, in the case of a nomination of a guardian by the will of a…

Section 5–106. [Appointment of Counsel; Guardian ad Litem.] (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; o…

Section 5–107. [Protection of Minors] The court shall not appoint as guardian any person petitioning for guardianship who: (i) is currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapac…

Section 5–201. [Appointment and Status of Guardian of Minor.] A person may become a guardian of a minor by appointment by parent or guardian or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of t…