Mass. General Laws c.190B § 3-309

Informal appointment proceedings; magistrate not satisfied

This is an unofficial version of a Massachusetts General Law.

Section 3-309

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.

Comment

Authority to decline a petition for appointment is conferred on the Court or a Magistrate. Appointment of a personal representative confers broad powers over the assets of a decedent's estate. The process of declining a requested appointment for unclassified reasons should be one which a Magistrate can use quickly and informally.