Section 3-301
(a)
Petitions for informal probate or informal appointment shall be directed to the court, and verified by the petitioner to be accurate and complete to the best of the petitioner's knowledge and belief as to the following information:
(1)
Every petition for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following:
- (i) a statement of the interest of the petitioner;
- (ii) the name, date of death, age and address of the decedent at the time of death, and the names and addresses of the spouse, children, heirs and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;
- (iii) a statement identifying any heir or surviving spouse who may be an incapacitated person;
- (iv) if the decedent was not domiciled in the commonwealth at the time of death, a statement showing venue;
- (v) a statement identifying and indicating the address of any personal representative of the decedent appointed in the commonwealth or elsewhere whose appointment has not been terminated;
- (vi) a statement that a copy of the petition and the death certificate have been sent to the division of medical assistance by certified mail; and
- (vii) a statement that the time limit for informal probate or appointment as provided in this article has not expired either because 3 years or less have passed since the decedent's death, or, if more than 3 years from death have passed, circumstances as described by section 3–108 authorizing tardy probate or appointment have occurred.
(2)
A petition for informal probate of a will shall state the following in addition to the statements required by (1):
- (i) that the original of the decedent's last will is in the possession of the court, or accompanies the petition, or that an authenticated copy of a will probated in another jurisdiction accompanies the petition;
- (ii) that the petitioner, to the best of the petitioner's knowledge, believes the will to have been validly executed;
- (iii) that after the exercise of reasonable diligence, the petitioner is unaware of any instrument revoking the will, and that the petitioner believes that the instrument which is the subject of the petition is the decedent's last will.
- (iv) a statement that a death certificate issued by a public officer is in the possession of the court, or accompanies the petition.
(3)
A petition for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending petition for probate. The petition for appointment shall adopt the statements in the petition for probate and state the name, address and priority for appointment of the person whose appointment is sought.
(4)
A petition for informal appointment of a personal representative in intestacy shall state in addition to the statements required by (1):
- (i) that after the exercise of reasonable diligence, the petitioner is unaware of any unrevoked testamentary instrument relating to property having a situs in the commonwealth under section 1–301, or, a statement why any such instrument of which the petitioner may be aware is not being probated;
- (ii) the priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 3–203.
- (iii) a statement that a death certificate issued by a public officer is in the possession of the court, or accompanies the petition.
(5)
A petition for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the petition is granted, and describe the priority of the petitioner.
(6)
A petition for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in section 3–610, or whose appointment has been terminated by death or removal, shall adopt the statements in the petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the nominee.
(b)
By verifying a petition for informal probate, or informal appointment, the petitioner submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the petition, or for perjury, that may be instituted against the petitioner.
Comment
Forcing one who seeks informal probate or informal appointment to make oath before a public official concerning the details required of petitions should deter persons who might otherwise misuse the shortened feature of informal proceedings. The petition is available as a part of the public record. If deliberately false representation is made, remedies for fraud will be available to injured persons without specified time limit (see Article I). The section is believed to provide important safeguards that may extend well beyond those presently available under supervised administration for persons damaged by deliberate wrongdoing.
Section 1-310 deals with verification.
Subsection (b) is a form of long-arm provision that affects everyone who acts as a petitioner in informal proceedings, in conjunction with Section 1-106 provides a remedy in the court of probate against anyone who might make known misstatements in a petition.
Massachusetts comment
This section requires the filing of a death certificate in informal proceedings as in G.L. c. 192, § 1. But see Sections 3-402(b) and 3-412(5) relating to more flexibility in formal administration.
Section 3-301(a)(1)(iii) is added to incorporate the protection of G.L. c. 192, § 1B. Section 1-404 authorizes the Court to appoint a guardian ad litem for a minor or incapacitated person.
Chapter 140 of the Acts of 2012 changed the reference in subsection (a)(6) from section 3-610(c) to section 3-610 and changed the words “and describe the priority of the petitioner” to “describe the priority of the nominee”.