reglab/statecodes huggingface dataset:
2023 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 3-505 - Supervised Administration; Interim Orders; Distribution and Closing Orders

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 proceedings under section 3–1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the petition of the personal representative or any interested person. Unless otherwise required by order, notice of interim orders in supervised administration need be given only to interested persons who request notice of all orders entered in the proceeding.
2023 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 3-601 - Qualification

Section 3–601. [Qualification.]
Prior to receiving letters, a personal representative shall accept appointment and qualify by filing a bond with the appointing court.
2023 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 3-602 - Acceptance of Appointment; Consent to Jurisdiction

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 person. Notice of any proceeding in the probate and family court shall be delivered to the personal representative, or mailed by ordinary first class mail at the address listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner. Service in a proceeding in any other court shall be delivered in accordance with the rules of that court.
2023 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 3-603 - Bond Without Sureties

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 devisees named in a will file a written waiver of sureties; (iii) the personal representative is a bank or trust company qualified to do trust business or exercise trust powers in this state; or (iv) the court concludes that sureties are not in the best interests of the estate. In any formal proceeding the court, on its own motion, may require sureties or additional sureties.
(b) No surety shall be required upon bonds filed by national banks or trust companies located in the commonwealth and duly permitted to act in a fiduciary capacity as personal representative or trustee, except that the court appointing such bank or trust company as a personal representative, other than as trustee, may upon application of any interested person require the bank or trust company so appointed to give such security, in addition to any lien or security provided by the laws of the United States, as the court may consider proper, and upon failure of such bank or trust company to give the security required may revoke such appointment and remove such bank or trust company.
2023 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 3-604 - Bond With Sureties; Procedure; Reduction

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 estimate of the value of the personal estate of the decedent and shall file a bond with the court in an amount equal to the estimate. The court may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may increase or reduce the amount of the bond, release the surety, or permit the substitution of another bond with the same or different surety.
(b) In this section, ''financial institution'' means an organization authorized to do business under state or federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union and any corporation authorized to do business as a banking company under chapter 172A.
2023 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 3-605 - Demand for Sureties by Interested Person

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 demand shall be filed with the court and a copy mailed to the personal representative if appointment and qualification have occurred. Thereupon, sureties shall be required but such requirement shall cease if the person demanding sureties ceases to be interested in the estate or if sureties are excused under section 3–604. After receiving notice and until the provision of sureties or cessation of the requirement of sureties, the personal representative shall refrain from exercising any powers of office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of sureties by providing suitable sureties within 30 days after receipt of notice shall be cause for removal and appointment of a successor personal representative.
2023 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 3-606 - Terms and Conditions of Bonds

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 interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(3) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to the surety by registered or certified mail at the address as listed with the court where the bond is filed and to the address as then known to the petitioner.
(4) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(5) The bond of the personal representative shall not be void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(6) If a new bond is required, the sureties on the prior bond shall be liable for all breaches of the conditions thereof committed before the new bond is approved and filed.
(7) In no event shall any surety be liable for any claim or cause of action arising out of or in any way connected with acts or omissions of the personal representative occurring prior to the appointment of such person as personal representative. As provided in section 702 of chapter 203E, this section shall also apply to bonds of trustees.
(b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
2023 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 3-607 - Order Restraining Personal Representative

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, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the petitioner or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b) The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and the attorney of record, if any, and to any other parties named a defendant in the petition.
2023 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 3-608 - Termination of Appointment; General

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 code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination shall not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to preserve assets subject to the personal representative's control, to account therefor and to deliver the assets. Termination shall not affect the jurisdiction of the court over the personal representative, but shall terminate the authority to represent the estate in any pending or future proceeding.
2023 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 3-609 - Termination of Appointment; Death or Disability

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 special personal representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, shall have the duty to protect the estate possessed and being administered by the decedent or ward at the time the appointment terminates, the power to perform acts necessary for protection of the estate and shall account for and deliver the estate assets to a successor or special personal representative upon appointment and qualification.
2023 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 3-610 - Resignation by Personal Representative

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 interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation shall be ineffective as a termination of appointment and shall be effective only upon the appointment and qualification of a successor representative and delivery of the assets to such successor representative.
2023 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 3-611 - Termination of Appointment by Removal; Cause; Procedure

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 personal representative, and to other persons as the court may order. The court may suspend the personal representative's authority in any manner during the pendency of the proceeding. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists if it is shown that a personal representative, or the person seeking appointment, intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing his appointment or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in the commonwealth to administer local assets.
2023 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 3-612 - Termination of Appointment; Change of Testacy Status

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 will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, shall not terminate the appointment of the personal representative although the personal representative's powers may be reduced as provided in section 3–401. Termination shall occur upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 30 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative, upon request, may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
2023 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 3-613 - Successor Personal Representative

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 substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative shall have the powers and duties in respect to the continued administration which the former personal representative would have had if the appointment had not been terminated.
2023 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 3-614 - Special Representative; Appointment

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 to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice. A special personal representative shall continue to act during appeal of his appointment unless the court orders otherwise.
2023 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 3-615 - Special Representative; Who May Be Appointed

Section 3–615. [Special Representative; Who May Be Appointed.]
Any suitable person may be appointed special personal representative.
2023 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 3-617 - Special Representative; Formal Proceedings; Power and Duties

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 appointment and duties as prescribed in the order. The appointment may be for a period of up to 90 days except in extraordinary circumstances, in which case the court may order an appointment for a longer period. The court may, for good cause shown, extend the appointment for additional period, of up to 90 days.
(b) A special personal representative shall have authority to distribute only pursuant to part 7 of article III, and pursuant to specific orders of the court.
(c) Unless otherwise ordered by the court, the authority of any personal representative previously appointed by the court or magistrate shall be suspended for as long as a special personal representative has authority.
2023 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 3-618 - Termination of Appointment; Special Representative

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 a special personal representative is subject to termination as provided in sections 3–608 to 3–611, inclusive.
2023 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 3-701 - Time of Accrual of Duties and Powers

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 to appointment the same effect as those occurring thereafter. Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others if the acts would have been proper for a personal representative.
2023 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 3-702 - Priority Among Different Letters

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 representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
2023 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 3-703 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue

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 the duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this code, by the terms of the will, if any, and by any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
(b) Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section shall affect the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this code.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in the commonwealth at death has the same standing to sue and be sued in the courts of the commonwealth and the courts of any other jurisdiction as the decedent had immediately prior to death.
2023 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 3-704 - Personal Representative to Proceed Without Court Order; Exception

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 representative, do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.
2023 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 3-706 - Duty of Personal Representative; Inventory and Appraisement

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, listing it with reasonable detail and indicating the fair market value of each listed item as of the date of death, and the type and amount of any encumbrance that may exist with reference to any item.
(b) Within 3 months after appointment, a successor personal representative shall prepare an inventory of the property of the estate, listing it with reasonable detail and indicating the fair market value of each listed item as of the date of the successor personal representative's appointment, and the type and amount of any encumbrance that may exist with reference to any item.
(c) The personal representative shall file with the court, or mail to all interested persons whose addresses are reasonably available, a copy of the inventory. The personal representative may also file the original of the inventory with the court.
2023 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 3-707 - Employment of Appraisers

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 doubt. Different persons may be employed to appraise different kinds of assets included in the estate.
2023 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 3-709 - Duty of Personal Representative; Possession of Estate

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 personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
(b) Whoever injuriously intermeddles with any personal property of a deceased person, without being thereto authorized by law, shall be liable as a personal representative in his own wrong to the person aggrieved.
(c) A personal representative in his own wrong shall be liable to the rightful personal representative for the full value of the personal property of the deceased taken by him and for all damages caused to the estate by his acts; and he or she shall not be allowed to retain or deduct any part of such estate, except for funeral expenses or debts of the deceased or other charges actually paid by him and which the rightful personal representative might have been compelled to pay.
2023 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 3-710 - Power to Avoid Transfers

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 this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
2023 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 3-712 - Improper Exercise of Power; Breach of Fiduciary Duty

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 trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 3–713 and 3–714.
2023 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 3-713 - Sale, Encumbrance or Transaction Involving Conflict of Interest; Voidable; Exceptions

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 representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless
(1) the will or a contract entered into by the decedent expressly authorized the transaction or transactions in general; or
(2) the transaction is approved by the court after notice to interested persons.
2023 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 3-714 - Persons Dealing With Personal Representative; Protection

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 a person knowingly deals with a personal representative shall not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 3–504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
2023 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 3-716 - Powers and Duties of Successor Personal Representative

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 not exercise any power expressly made personal to the executor named in the will.
2023 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 3-717 - Co-Representatives; When Joint Action Required

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 restriction shall not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
2023 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 3-718 - Powers of Surviving Personal Representative

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 nominated as co-representatives is not appointed, those appointed may exercise all the powers incident to the office.
2023 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 3-719 - Compensation of Personal Representative

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 personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
2023 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 3-720 - Expenses in Estate Litigation

Section 3–720. [Expenses in Estate Litigation.]
If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not that personal representative or person is entitled to receive from the estate necessary expenses and disbursements including reasonable attorneys' fees incurred.
2023 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 3-802 - Statute of Limitations

Section 3–802. [Statutes of Limitations.]
Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent's death may be allowed or paid.
Only those successors who would be affected thereby shall agree to a waiver of a defense of limitations available to an estate.
2023 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 3-804 - Manner of Commencement of Claims

Section 3–804. [Manner of Commencement of Claims.]
(1) A personal representative shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapter unless before the expiration of such period the process in such action has been served by delivery in hand upon the personal representative or service thereof accepted by the personal representative or a notice as aforesaid has been filed with the register.
(2) Claims against a decedent's estate shall be commenced by a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding shall occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.
(3) A special personal representative shall be liable to an action by a creditor of the deceased brought within the period of limitation provided in section 3–803; provided, however, that any such action shall be stayed by the court in which it is brought until such time as a general personal representative has been appointed and said general personal representative has been substituted for said special personal representative as the party defendant.
2023 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 3-805 - Classification of Claims

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) debts and taxes with preference under federal law;
(4) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent;
(5) debts and taxes with preference under other laws of the commonwealth;
(6) debts due to the division of medical assistance;
(7) all other claims.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
2023 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 3-806 - Allowance of Claims

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 personal representative, allowed claims bear interest at the legal rate for the period commencing with the date of judgment unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
2023 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 3-808 - Individual Liability of Personal Representative

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 he fails to reveal his representative capacity and identify the estate in the contract.
(b) A personal representative is individually liable only if he or she is personally at fault for (1) obligations arising from ownership or control of the estate or (2) for torts committed in the course of administration of the estate.
(c) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.
(d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.