Massachusetts Statutes

Section 15. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Section 2. An individual having capacity to make a will under the laws of the commonwealth may make a statutory will under the provisions of this chapter. The will shall be executed in a manner recognized as valid under the laws of the commonwealth.

Section 3. (a) A will may incorporate by reference the provisions of this chapter in whole or in part and with any modifications and additions the will provides. To the extent an express provision of a will conflicts with this chapter, the terms of the will shall govern. (b) A pr…

Section 4. The statutory will estate shall pass as provided in sections five to nine, inclusive.

Section 5. (a) The share of a surviving spouse shall be: (1) If there is no surviving issue, the entire statutory will estate; or (2) If there is a surviving issue, (i) subject to any lien or encumbrance, the testator's residence and tangible personal property, except personal pr…

Section 6. Property held in trust under the provisions of subclause (iii) of clause (2) of subsection (a) of section five shall be held upon the following terms: (1) During the life of the surviving spouse, the entire net income shall be paid to or for the benefit of the survivin…

Section 7. (a) If there is no surviving spouse, the statutory will estate shall pass, subject to the provisions of sections eight and nine, as follows: (1) If there is surviving issue, in equal shares to the children of the testator if all of them survive, otherwise to the surviv…

Section 8. (a) If property is distributable under the provisions of subparagraph (3) of section six or of section seven to a child of the testator who is under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, all shares d…

Section 9. (a) If property becomes distributable by a personal representative or trustee to an individual under the age specified in the will or, if the will does not specify an age, under the age of twenty-three years, or to an individual who the personal representative or trust…

Section 1. There shall be in each county one or more public administrators, not exceeding six in Middlesex and in Suffolk or five in any other county, appointed by the governor with the advice and consent of the council, who shall hold office for five years from the time of their…

Section 10. When an estate has been fully administered by a public administrator, or by the executor or administrator with the will annexed of a person who died leaving no known heirs, he shall deposit any balance in his hands with the state treasurer as abandoned property to be …

Section 11. The probate court in each county shall require every public administrator in such county to render an account of his proceedings under any letters of administration at least once a year until the trust is fulfilled. When, on final settlement of an estate, it appears t…

Section 12. A public administrator shall, upon the appointment and qualification of an executor or administrator as his successor, surrender into the probate court his letters of administration in such case with an account on oath of his doings therein, and, upon a just settlemen…

Section 13. Public administrators shall complete, as soon as they lawfully may, the administration of estates in their hands of which the administration is not complete at the date of the expiration of their terms.

Section 16. If a public administrator neglects to return an inventory, settle an account or perform any other duty incumbent on him in relation to an estate, and there appears to be no heir entitled thereto, the district attorney for the district where the administrator received …

Section 17. If the total value of an estate which has come into the control of a public administrator is less than seven hundred dollars, unless the same is the balance of an estate received from a prior public administrator, he shall forthwith reduce all such property into money…

Section 18. A public administrator, upon making such deposit, shall file with the state treasurer an itemized account, on oath, of all his dealings, receipts, payments and charges on account of the property from which the money so deposited proceeds, including the name of the int…

Section 2. A public administrator shall give bond for the faithful administration of each estate on which letters of administration may be granted to him as such public administrator, with sufficient sureties, in such form as the probate court may order, payable to the judge of s…

Section 4. A public administrator shall, except as hereinafter provided, take out letters of administration and faithfully administer upon the estates of persons who die intestate within his county or elsewhere, leaving property in his county to be administered, if there is no kn…

Section 5. Administration shall not be granted to a public administrator when the husband, widow or an heir of the deceased, in writing, claims the right of administration or requests the appointment of some other suitable person to the trust, if such husband, widow, heir or othe…

Section 5A. Administration shall not be granted to a public administrator until after the expiration of ten days from the date of death.

Section 6. If after citation has been issued by the probate court to a public administrator upon the estate of a deceased person, administration shall not be granted to him for the reason set forth in the preceding section, or because of the finding of a will of the deceased, the…

Section 7. If, after the granting of letters of administration to a public administrator and before the final settlement of the estate, the husband, widow or an heir of the deceased, in writing, claims the right of administration or requests the appointment of some other suitable…

Section 8. Upon the death, resignation or removal of a public administrator, the probate court shall issue a warrant to some other public administrator in the same county, upon his application therefor, requiring him to examine the accounts of such public administrator relative t…

Section 9. Public administrators may be authorized to take charge of the real property of the deceased or of any part thereof situated anywhere within the commonwealth, to lease the same, to collect the rents, and to make such repairs, and do all other things which may be conside…

Section 1. Securities owned by a deceased person, the value of which do not exceed $750 with any one issuer, and with a cumulative value of not more than $2,100, may, if 30 days has elapsed since the death of the deceased and neither a duly appointed executor or administrator nor…

Section 10A. A person shall be deemed to have given a preference if, being insolvent, he has, within four months before his decease, procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of …

Section 10B. If a person shall have procured or suffered a judgment to be entered against him in favor of any person or has made a transfer of any of his property, and if, at the time of the transfer, or of the entry of the judgment, or of the recording or registering of the tran…

Section 10C. If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind for property which becomes a part of the debtor's estate, the amount of such new credit remaining unpaid at the time of his decease may be set …

Section 7A. The claims of creditors who have received preferences voidable under section ten B shall not be allowed unless such creditors shall first surrender such preferences.

Section 1. If administration is taken in this commonwealth on the estate of a person who was an inhabitant of any other state or country, his estate found here shall, after payment of his debts, be disposed of according to his last will, if any; otherwise his real property shall …

Section 2. After the payment of all debts for which such estate is liable in this commonwealth, the residue of the personal property may be distributed and disposed of, as provided in the preceding section, by the probate court; or, in the discretion of the court, it may be trans…

Section 3. If such person dies insolvent, his estate found in this commonwealth shall, as far as practicable, be so disposed of that all his creditors here and elsewhere may receive equal proportions of their respective debts.

Section 4. The estate shall not be transmitted to the foreign executor or administrator until all the creditors who are citizens of this commonwealth have received the proportion which would be due to them if the whole estate of the deceased, wherever found, which is applicable t…

Section 5. If there is a residue after such payment to the citizens of this commonwealth, it may be paid to any other creditors who have duly proved their debts here, in proportion to the amount due to each of them, but no one shall receive more than would be due to him if the wh…

Section 1. If a person entitled to or having an interest in property within the jurisdiction of the commonwealth has disappeared or absconded from the place within or without the commonwealth where he was last known to be, and it is not known where he is, or if such person, havin…

Section 10. The court may order said property or its proceeds acquired by mortgage, lease or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee's spouse and minor children, and to the discharge of such debts an…

Section 12. The receiver shall be allowed such compensation and disbursements as the court orders, to be paid out of said property or proceeds. If before any order for distribution is made under section thirteen, such absentee, or a duly appointed administrator, executor, assigne…

Section 13. If upon the expiration of seven years after the date of the disappearance or absconding as found and recorded by the court or, in case such receiver is not appointed within six years after said date, upon the expiration of one year after the date of the appointment of…

Section 2. The court shall issue a notice reciting the substance of the petition which shall be addressed to such absentee and to all persons who claim an interest in the property of the absentee within the jurisdiction of the commonwealth, and to all whom it may concern, citing …

Section 3. The return day of said notice shall be not less than thirty nor more than sixty days after its date. The court shall order said notice to be published once in each of three successive weeks in one or more newspapers within the commonwealth, and to be posted in two or m…

Section 4. If the petition is dismissed, the fees and cost of publishing, serving and recording said notice shall be paid by the petitioner; if a receiver is appointed they shall be paid by the receiver and allowed in his account.

Section 5. The absentee or any person who claims an interest in any property of the absentee within the jurisdiction of the commonwealth may appear and show cause why the prayer of the petition should not be granted. The court may after hearing dismiss the petition, or it may app…

Section 6. After the approval of such bond the receiver shall take possession of the property of the absentee within the jurisdiction of the commonwealth so far as is known, and he shall file in the registry of probate a schedule of the property received by him.

Section 7. Such receiver upon petition filed by him may be authorized and directed to take possession of any additional property within the commonwealth which belongs to such absentee and to demand and collect all debts due such absentee from any person within the commonwealth.

Section 8. If such absentee has left no corporeal property within the commonwealth, but there are debts and obligations due or owing to him from persons within the commonwealth, a petition may be filed as provided in section one, stating the nature and amount of such debts and ob…