Section 3-602
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.
Comment
Except for personal representatives appointed pursuant to Section 3-502, appointees are not deemed to be “officers” of the appointing court or to be parties in one continuous judicial proceeding that extends until final settlement. See Section 3-107. Yet, it is desirable to follow patterns which prevent personal representatives who might make themselves unavailable to service within the commonwealth from affecting the power of the appointing court to enter valid orders affecting him. See Michigan Trust Co. v. Ferry, 33 S.Ct. 550, 228 U.S. 346, 57 L.Ed. 867 (1912). The concept employed to accomplish this is that of requiring each appointee to consent in advance to the personal jurisdiction of the Court in any proceeding relating to the estate that may be instituted against that appointee. The section requires that the appointee be given notice of any such proceeding, which, when considered in the light of the responsibility being undertaken, should make the procedure sufficient to meet the requirements of due process.
Massachusetts comment
Submission to personal jurisdiction of the Court eliminates the need of appointing an agent for service of process. This section replaces G.L. c. 195, §§ 8 to 10.