reglab/housing_qa huggingface dataset:
MA Gen L ch III § 3-409 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-409 - Formal Testacy Proceedings; Order; Foreign Will

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 commenced within the limitation prescribed by section 3–108, it shall determine the decedent's domicile at death, the heirs and the status of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, shall be governed by section 3–612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in the commonwealth by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
MA Gen L ch III § 3-401 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-401 - Formal Testacy Proceedings; Nature; When Commenced

Section 3–401. [Formal Testacy Proceedings; Nature; When Commenced.]  A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in section 3–402(a) in which that person requests that the court enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending petition, or a petition in accordance with section 3–402(b) for an order that the decedent died intestate.  A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.  During the pendency of a formal testacy proceeding, the magistrate shall not act upon any petition for informal probate of any will of the decedent or any petition for informal appointment of a personal representative of the decedent.  Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, shall refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of office and requesting the appointment of a special personal representative. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
MA Gen L ch III § 3-311 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-311 - Informal Appointment Unavailable in Certain Cases

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 probate in this court, the magistrate shall decline the petition.
MA Gen L ch III § 3-403 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-403 - Formal Testacy Proceedings; Notice of Hearing on Petition

Section 3–403. [Formal Testacy Proceedings; Notice of Hearing on Petition.]  (a) Upon commencement of a formal testacy proceeding, notice shall be given in the manner prescribed by section 1–401 by the petitioner to the persons herein enumerated.  (b) Notice shall be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.  (c) The notice shall include the name and address of the petitioner and personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond with or without surety will be filed, and describe the court where papers relating to the estate are on file. The notice shall state that the estate is being administered under formal procedure by the personal representative under the Massachusetts Uniform Probate Code without supervision by the court, that inventory and accounts are not required to be filed with the court, but that recipients are entitled to notice regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration.  (d) If it appears from the petition that there is no spouse or heir of the decedent or that any devisee is a charity, the petitioner shall give notice to the attorney general.  (e) If it appears from the petition that a spouse, heir or devisee is a minor or an incapacitated person, the petitioner shall give notice to that person and that person's guardian or conservator.  (f) The duty shall not extend to require notice to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The petitioner's failure to give this notice is a breach of duty to the persons concerned but shall not affect the validity of the probate, appointment, powers or other duties. A petitioner may inform other persons of the petition by delivery or ordinary first class mail.  (g) The petitioner shall give notice by certified mail to the division of medical assistance together with a copy of the petition and death certificate.
MA Gen L ch III § 3-405 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof

Section 3–405. [Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof.]  If evidence concerning execution of the will is necessary, the affidavit or testimony of 1 of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
MA Gen L ch III § 3-406 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses

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 commonwealth, competent and able to testify, is required. Due execution of a will may be proved by other evidence.  (b) If the will is self-proved, compliance with signature and other requirements of execution shall be presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
MA Gen L ch III § 3-402 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article III - Probate of Wills and Administration|Section 3-402 - Formal Testacy or Appointment Proceedings; Petition; Contents

Section 3–402. [Formal Testacy or Appointment Proceedings; Petition; Contents.]  (a) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order and contain further statements as indicated in this section. A petition for formal probate of a will  (1) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs,  (2) contains the statements required for informal petitions as stated in section 3–301(a)(1), the statements required by subparagraphs (ii) and (iii) of section 3–301(a)(2), and  (3) states whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.  If the original will is neither in the possession of the court nor accompanies the petition and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also shall state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.  (b) If a death certificate issued by a public officer is not filed with the petition, the court may direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable.  (c) A petition for adjudication of intestacy and appointment of a personal representative in intestacy shall request a judicial finding and order that the decedent left no will and determining the heirs, contain the statements required by clauses (1) and (4) of section 3–301(a) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by subparagraph (ii) of section 3–301(a)(4) above may be omitted.
MA Gen L ch IV § 4-303 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-303 - Service on Foreign Personal Representative

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 last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of the commonwealth on either the foreign personal representative or the decedent immediately prior to death.  (b) If service is made upon a foreign personal representative, guardian or conservator as provided in subsection (a), the foreign personal representative shall be allowed at least 30 days within which to appear or respond.
MA Gen L ch IV § 4-302a (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-302a - Proceedings to Determine Property Rights

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) The interest of a nonresident decedent whose estate is not under local administration may be represented by any foreign personal representative of a decedent named a party to the proceeding and served in the manner provided in section 4–303 or by other lawful means;  (b) The interest of a nonresident protected person named a party to the proceeding for whom there is no local guardian or conservator may be represented by a foreign guardian or conservator served in the manner provided in section 4–303 or by other lawful means. The authority of a foreign personal representative or of a foreign guardian or conservator under this section shall include authority to be a party to an agreement of compromise in respect of the rights of the decedent or the protected person in such property. The procedures authorized in this section are in addition to and not in limitation of all other applicable procedures.
MA Gen L ch IV § 4-302 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-302 - Jurisdiction by Act of Decedent

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 immediately prior to death.
MA Gen L ch IV § 4-207 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-207 - Ancillary and Other Local Administrations; Provisions Governing

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, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
MA Gen L ch IV § 4-206 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-206 - Power of Representatives in Transition

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 administration of the estate terminates the power of the domiciliary foreign personal representative to act under section 4–205, but the court may allow the domiciliary foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceedings in the commonwealth.
MA Gen L ch IV § 4-301 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-301 - Jurisdiction by Act of Foreign Personal Representative

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 payment of money or taking delivery of personal property under section 4–201, or (3) doing any act as a personal representative in the commonwealth which would have given the commonwealth jurisdiction over the foreign personal representative as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.  A foreign guardian or conservator shall submit to the jurisdiction of the courts of the commonwealth by acting under clauses (2) and (3) of the preceding paragraph.
MA Gen L ch IV § 4-204 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-204 - Proof of Authority-Bond

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 is located, authenticated copies of the domiciliary appointment and of any official bond given.
MA Gen L ch IV § 4-203 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-203 - Resident Creditor Notice

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 appointed by the nonresident decedent that the debt should not be paid nor the property delivered to the foreign personal representative.
MA Gen L ch IV § 4-202 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article IV - Foreign Fiduciaries|Section 4-202 - Payment or Delivery Discharges

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 local personal representative.