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 3-104 - Claims Against Decedent; Necessity of Administration

Section 3–104. [Claims Against Decedent; Necessity of Administration.]
No proceeding to enforce a claim against the estate of a decedent or a decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 3–1004 or from a former personal representative individually liable as provided in section 3–1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.
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 3-105 - Proceedings Affecting Devolution and Administration

Section 3–105. [Proceedings Affecting Devolution and Administration.]
Persons interested in decedents' estates may petition the magistrate for determination in the informal proceedings provided in this article, and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article.
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 3-106 - Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction Over Persons

Section 3–106. [Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction Over Persons.]
In proceedings within the exclusive jurisdiction of the court where notice is required by this chapter or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be open for administration, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of the commonwealth by notice in conformity with section 1–401. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.
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 3-107 - Scope of Proceedings; Proceedings Independent; Exception

Section 3–107. [Scope of Proceedings; Proceedings Independent; Exception.]
Unless supervised administration as described in part 5 is involved, (1) each proceeding before the court or a magistrate is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this article, no petition is defective because it fails to embrace all matters which might then be the subject of a final order; (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the 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 3-108 - Probate, Testacy and Appointment Proceedings; Ultimate Time Limit

Section 3–108. [Probate, testacy and appointment proceedings; ultimate time limit.]
No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than 3 years after the decedent's death, except that: (1) if a previous proceeding was dismissed because of doubt relative to the fact of the decedent's death, then appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not unduly delayed initiating the subsequent proceeding; (2) appropriate probate, appointment or testacy proceedings may be maintained relative to the estate of an absent, disappeared or missing person at any time within 3 years after the death of the person may be established; (3) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or 3 years from the decedent's death; (4) an informal appointment or a formal testacy or appointment proceeding may be commenced thereafter if no proceedings relative to the succession or estate administration has occurred within the 3 year period after the decedent's death, but the personal representative shall have no right to possess estate assets as provided in section 3–709 beyond that necessary to confirm title thereto in the successors to the estate and claims other than expenses of administration shall not be presented against the estate; and (5) a formal testacy proceeding may be commenced at any time after 3 years from the decedent's death for the purpose of establishing an instrument to direct or control the ownership of property passing or distributable after the decedent's death from one other than the decedent when the property is to be appointed by the terms of the decedent's will or is to pass or be distributed as a part of the decedent's estate or its transfer is otherwise to be controlled by the terms of the decedent's will. These limitations shall not apply to proceedings to construe probated wills or to determine heirs of an intestate. In cases under clause (1) or (2), the date on which a testacy or appointment proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this chapter which relate to the date of 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 3-109 - Statutes of Limitation on Decedent's Cause of Action

Section 3–109. [Statutes of Limitation on Decedent's Cause of Action.]
No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of death, shall apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action which, but for this section, would have been barred less than 4 months after death, is barred after 4 months unless tolled.
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 3-201 - Venue for First and Subsequent Estate Proceedings; Location of Property

Section 3–201. [Venue for First and Subsequent Estate Proceedings; Location of Property.]
(a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(1) in the county where the decedent was domiciled at the time of death; or
(2) if the decedent was not domiciled in the commonwealth, in any county where property of the decedent was located at the time of death.
(b) Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in section 1–303 or (c) of this section.
(c) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(d) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving non-domiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a non-domiciliary is located where the debtor resides or, if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
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 3-202 - Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State

Section 3–202. [Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State.]
If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in the commonwealth, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of the commonwealth shall stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced shall be accepted as determinative in the proceeding in the commonwealth.
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 3-205 - Judge or Register as Personal Representative

Section 3–205. [Judge or Register as Personal Representative.]
If a judge or register desires to be appointed personal representative of the estate of his spouse, child or parent who at the time of their decease was domiciled in his county, such appointment may be made and all subsequent proceedings relative to the estate may be had in the court of any adjoining county, and the register thereof shall forthwith transmit to the register of the county where the decedent was domiciled, a true and attested copy of all papers relating thereto filed and entered on the docket, which shall be recorded by the register to whom they are transmitted.
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 3-302 - Informal Probate; Duty of Magistrate; Effect of Informal Probate

Section 3–302. [Informal Probate; Duty of Magistrate; Effect of Informal Probate.]
Upon receipt of a petition requesting informal probate of a will, the court or a magistrate, upon making the findings required by section 3–303 shall issue a written statement of informal probate if at least 7 days have elapsed since the decedent's death. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the petition or procedure relating thereto which leads to informal probate of a will renders the probate void.
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 3-303 - Informal Probate; Proof and Findings Required

Section 3–303. [Informal Probate; Proof and Findings Required.]
(a) In an informal proceeding for original probate of a will, the court or a magistrate shall determine whether:
(1) the petition is complete;
(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;
(3) the petitioner appears from the petition to be an interested person as defined in section 1–201(24);
(4) on the basis of the statements in the petition, venue is proper;
(5) an original, duly executed and apparently unrevoked will is in the court's possession;
(6) on the basis of the statements in the petition any notice required by section 3–306 has been given and that the petition is not within section 3–304;
(7) it appears from the petition that the time limit for original probate has not expired;
(8) on the basis of statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if they are incapacitated persons or minors they are represented by guardians or conservators; and
(9) a death certificate issued by a public officer is in the court's possession.
(b) The petition shall be denied if it indicates that a personal representative has been appointed in another county of the commonwealth or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.
(c) A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under section 2–502 have been met shall be probated without further proof. In other cases, a magistrate may assume execution if the will appears to have been properly executed.
(d) Informal probate of a will which has been previously probated in another state or country may be granted at any time upon written petition by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
(e) A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection (a) above, may be probated in the commonwealth upon receipt by the court of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
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 3-304 - Informal Probate; Unavailable in Certain Cases

Section 3–304. [Informal Probate; Unavailable in Certain Cases.]
Petitions for informal probate which relate to 1 or more of a known series of testamentary instruments, other than a will and 1 or more codicils thereto, the latest of which does not expressly revoke the earlier, shall be declined.
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 3-305 - Informal Probate; Magistrate Not Satisfied

Section 3–305. [Informal Probate; Magistrate Not Satisfied.]
(a) If the magistrate is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of sections 3–303 and 3–304 or any other reason, the magistrate may decline the petition. A declination of informal probate is not an adjudication and shall not preclude formal probate proceedings.
[There is no subsection (b).]
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 3-307 - Informal Appointment Proceedings; Delay in Order; Duty of Magistrate; Effect of Appointment

Section 3–307. [Informal Appointment Proceedings; Delay in Order; Duty of Magistrate; Effect of Appointment.]
(a) Upon receipt of a petition for informal appointment of a personal representative other than a special personal representative as provided in section 3–614, if at least 7 days have elapsed since the decedent's death, the court or a magistrate, after making the findings required by section 3–308, shall appoint the petitioner subject to qualification and acceptance; provided, that if the decedent was a non-resident, the court or a magistrate shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the petitioner, or unless the decedent's will directs that the decedent's estate be subject to the laws of the commonwealth.
(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 3–608 through 3–612, but is not subject to retroactive vacation.
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 3-308 - Informal Appointment Proceedings; Proof and Findings Required

Section 3–308. [Informal Appointment Proceedings; Proof and Findings Required.]
(a) In informal appointment proceedings, the court or a magistrate shall determine whether:
(1) the petition for informal appointment of a personal representative is complete;
(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;
(3) the petitioner appears from the petition to be an interested person as defined in section 1–201(24);
(4) on the basis of the statements in the petition, venue is proper;
(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement shall not apply to the appointment of a special personal representative;
(6) any notice required by section 3–306 has been given; and
(7) from the statements in the petition, the person whose appointment is sought has priority entitling that person to the appointment;
(8) on the basis of the statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if any are incapacitated persons or minors they are represented by guardians or conservators; and
(9) a death certificate issued by a public officer is in the court's possession.
(b) Unless section 3–612 controls, the petition shall be denied if it indicates that: a personal representative who has not filed a written statement of resignation has been appointed in this or another county of the commonwealth; unless the petitioner is the domiciliary personal representative or the domiciliary representative's nominee, the decedent was not domiciled in the commonwealth; and a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.
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 3-309 - Informal Appointment Proceedings; Magistrate Not Satisfied

Section 3–309. [Informal Appointment Proceedings; Magistrate Not Satisfied.]
If the magistrate is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 3–307 and 3–308, or for any other reason, the magistrate may decline the petition. A declination of informal appointment is not an adjudication and shall not preclude appointment in formal proceedings.
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 3-311 - 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.
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 3-401 - 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.
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 3-402 - 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.
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 3-403 - 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.
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 3-405 - 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.
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 3-406 - 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.
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 3-408 - Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction

Section 3–408. [Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction.]
A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons shall be accepted as determinative by the courts of the commonwealth if it includes, or is based upon, a finding that the decedent was domiciled at death in the state where the order was made.
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 3-409 - 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.
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 3-410 - Formal Testacy Proceedings; Probate of More Than One Instrument

Section 3–410. [Formal Testacy Proceedings; Probate of More Than One Instrument.]
If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than 1 instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than 1 instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a formal testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate a previous probate order and subject to the time limits of section 3–412.
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 3-411 - Formal Testacy Proceedings; Partial Intestacy

Section 3–411. [Formal Testacy Proceedings; Partial Intestacy.]
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
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 3-412 - Formal Testacy Proceedings; Effect of Order; Vacation

Section 3–412. [Formal Testacy Proceedings; Effect of Order; Vacation.]
Subject to appeal and subject to vacation as provided herein and in section 3–413, a formal testacy order under sections 3–409 to 3–411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that:
(1) The court shall entertain a petition for vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice thereof, except by publication.
(2) If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that 1 or more persons were omitted from the determination and it is also shown that the persons were unaware of their relationship to the decedent, were unaware of the death or were given no notice of any proceeding concerning the estate, except by publication.
(3) A petition for vacation under either clause (1) or clause (2) shall be filed prior to the earlier of the following time limits:
(i) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, 6 months after the filing of the closing statement.
(ii) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by section 3–108 when it is no longer possible to initiate an original proceeding to probate a will of the decedent.
(iii) Twelve months after the entry of the order sought to be vacated.
(4) The order originally rendered in the testacy proceeding may be vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs.
(5) If the alleged decedent is not dead, the alleged decedent may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances.
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 3-413 - Formal Testacy Proceedings; Vacation of Order for Other Cause

Section 3–413. [Formal Testacy Proceedings; Vacation of Order For Other Cause.]
For good cause shown, an order in a formal testacy proceeding may be vacated within the time allowed for appeal.
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 3-414 - Formal Proceedings Concerning Appointment of Personal Representative

Section 3–414. [Formal Proceedings Concerning Appointment of Personal Representative.]
(a) A formal proceeding for adjudication regarding the priority or qualification of one who is a petitioner for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by section 3–402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by section 3–301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(b) After notice as prescribed in section 3–403 to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under section 3–203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under section 3–611.
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 3-501 - Supervised Administration; Nature of Proceeding

Section 3–501. [Supervised Administration; Nature of Proceeding.]
Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this Part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
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 3-502 - Supervised Administration; Petition; Order

Section 3–502. [Supervised Administration; Petition; Order.]
A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate: (1) if the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration; (2) if the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate; or (3) in other cases if the court finds that supervised administration is necessary under the circumstances.
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 3-503 - Supervised Administration; Effect on Other Proceedings

Section 3–503. [Supervised Administration; Effect on Other Proceedings.]
(a) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal petition then pending or thereafter filed.
(b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by section 3–401.
(c) After receiving notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise the power to distribute any estate. The filing of the petition shall not affect other powers and duties unless the court restricts the exercise of any of them pending full hearing on 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 3-504 - Supervised Administration; Powers of Personal Representative

Section 3–504. [Supervised Administration; Powers of Personal Representative.]
Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this code, but the personal representative shall not exercise power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court shall be endorsed on the personal representative's letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.