Section 3-106
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.
Comment
The addition after “rule”, of the language “and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be opened for administration.” This addition, coupled with the exceptions to the limitations provisions in Section 3-108 that permit proceedings to construe wills and to determine heirs of intestates to be commenced more than three years after death, clarifies the purpose of the draftsmen to offer a probate proceeding to aid the determination of rights of inheritance of estates that were not opened for administration within the time permitted by Section 3-108.
Massachusetts comment
Notice requirements are presently set out in Probate Court Rules 3, 8 and 29. G.L. 192, § 3 establishes conclusiveness of decrees after one year from issuance.