Mass. General Laws c.190B § 3-717

Co-representatives; when joint action required

This is an unofficial version of a Massachusetts General Law.

Section 3-717

If 2 or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction shall not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.

Comment

With certain qualifications, this section is designed to compel co-representatives to agree on all matters relating to administration when circumstances permit. Delegation by one to another representative is a form of concurrence in acts that may result from the delegation. A co-representative who abdicates responsibility to co-administer the estate by a blanket delegation breaches a duty to interested persons as described by Section 3-703. Section 3-715(21) authorizes some limited delegations, which are reasonable and for the benefit of interested persons.

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