MUPC Estate Administration Procedural Guide: Absentees

Section 9 of the MUPC Estate Administration Procedural Guide, Second Edition, a guide to estate administration practices & procedures in the Probate and Family Court.

The procedures and forms pertaining to the settlement of the estates of an absentee are governed by G. L. c. 200, which was not changed by the MUPC. However, as a result of the presumption under G. L. c. 190B, § 1-107(5), formal testacy proceedings may be brought under § 3-402(b) for a person who has been absent for a continuous period of 5 years, provided the person has not been heard from during this period and the absence of the person cannot be satisfactorily explained after diligent search. Other relevant MUPC provisions include § 3-914 (disposition of unclaimed assets) and § 7-309 (transfers of trust property on death of absentee).

9.1 Statutory References- MUPC at §§

• 1-107
• 3-402(b)
• 3-914
• 7-309, and
• G. L. c. 200

9.2 When an Absentee Petition May be Brought

A petition for appointment of a receiver for an absentee may be brought under G. L. c. 200, § 1 when:

1. a person entitled to or having an interest in property within Massachusetts has disappeared or absconded from the place the person was last known to be, and it is not known where the person is; OR
2. a person entitled to or having an interest in property within Massachusetts who has a dependent spouse or minor child has disappeared or absconded without making sufficient provision for their support, and it is not known where the person is, or if it is known and the person is not within Massachusetts.

“Practice Alert: There is no required minimum time away.”

9.3 Who May Bring the Absentee Petition

Persons who may bring a petition for appointment of a receiver for an absentee are:

1. Anyone who would have priority to be appointed as PR of the estate of such absentee if the absentee were deceased. MUPC at § 3-203. See section 1.5 of this guide; OR
2. If no one is known to be so entitled, any suitable person or the spouse of such absentee, or someone acting on behalf of such spouse or a minor child of the absentee.

G. L. c. 200, § 1.

9.4 Where the Absentee Petition Must be Filed

The petition is to be filed in the court for the county where any property of the absentee is situated or found. G. L. c. 200, § 1. A petition may be filed where there is no real or tangible property of the absentee in Massachusetts but there is intangible property. G. L. c. 200, § 8. See section 9.13 of this guide.

9.5 Required Elements for the Petition for Appointment of Receiver (AC 108)

The Petition for Appointment of Receiver (A.C. 108) must be under oath and include the following information:

1. The name, age, occupation and last known residence or address of the absentee
2. The date and circumstances of the disappearance or absconding
3. The names and residence of other persons, whether members of the absentee’s family or otherwise, of whom inquiry may be made regarding the absentee’s whereabouts
4. The amount of such property, real and personal, so far as known, and its location within Massachusetts.

G. L. c. 200, § 1.

Note: The Petition for Appointment of Receiver (A.C. 108) is not available online but can be obtained in person or by mail from any division’s registry of probate.

9.6 Notice Requirements for a Receiver Petition

The court shall issue a citation reciting the substance of the petition and calling on the absentee and all persons who claim an interest in the absentee’s property to appear at the time and place indicated in order to show cause why a receiver should not be appointed to deal with such property. G. L. c. 200, § 2. The state treasurer must be made a party to every such petition and shall be given notice of all subsequent proceedings.

The return day for the citation shall between 30 and 60 days of the issuance date. G. L. c. 200, § 3. The citation must be published once in each of 3 successive weeks in the newspaper as stated in the Order of Notice of the citation, and must be posted in 2 or more conspicuous places in the town within Massachusetts where the absentee last resided or was known to have been either temporarily or permanently and upon each such parcel of the absentee’s land within the commonwealth. G. L. c. 200, § 3. 

The court shall order the citation to be mailed to the last known address of the absentee. The portion of the citation that relates to land must be recorded in the Registry of deeds for the county and district where the land is located. G. L. c. 200, § 3. The court may order other and further notice to be given within or without Massachusetts. G. L. c. 200, § 3.

“Practice Alert: Rule 6 of the Supplemental Rules of the Probate and Family Court (2012) regarding service of a citation is inapplicable since G. L. c. 200 has a statutory requirement on service.”

9.7 The Appointment of a Receiver

The absentee or any person who claims an interest in any property of the absentee within Massachusetts may appear and show cause why the petition should not be granted. G. L. c. 200, § 5. After a hearing, the court may dismiss the petition or appoint a receiver of the absentee’s property.

If the petition is dismissed, the fees and cost of publishing, serving and recording the citation shall be paid by the petitioner; if a receiver is appointed, they shall be paid by the receiver out of the absentee’s property and allowed in the receiver’s account. G. L. c. 200, § 4.

In making the appointment, the court may give preference to anyone who would have priority to be appointed PR of the estate of the absentee if the absentee were deceased without leaving a will or to any person who is found by the court to have been an agent of the absentee at the date of the absentee’s disappearance or absconding and who is in possession of a substantial portion of the absentee’s property. G. L. c. 200, § 5.

If the court appoints a receiver, the judge shall find and record the date of the disappearance or absconding of the absentee.

9.8 The Bond (MPC 801)

The appointed receiver is required to give a corporate surety bond in such sum and with such condition as the court orders. See section 1.7 of this guide.

9.9 The Schedule of Property

After the approval of the bond, the receiver shall take possession of the property of the absentee and shall file in the Registry of Probate a schedule of the property received. G. L. c. 200, § 6.

“Practice Alert: For the purpose of filing the required schedule of property received, the receiver may use the court Inventory form (MPC 854) and adjust it or create his or her own schedule.”

9.10 Court Orders During Receivership

After the appointment of a receiver, upon petition and after notice, the court may make certain orders during the receivership as follows:

1. The court may make orders for the care, custody, leasing and investing of all property and its proceeds in the possession of the receiver. G. L. c. 200, § 9.
2. If any of said property consists of live animals or is perishable or cannot be kept without great or disproportionate expense, the court may order such property to be sold at public or private sale. G. L. c. 200, § 9.
3. The court may order all or part of said property, including the rights of the absentee in land, to be sold at public or private sale to supply money for payments authorized by chapter 200 or investment approved by the court. G. L. c. 200, § 9.
4. The court may order the property or its proceeds acquired by mortgage, lease or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee’s spouse and minor child(ren), and to the discharge of such debts and claims for alimony as may be proved against the absentee. G. L. c. 200, § 10.

9.11 Termination of Receivership

The court shall order the distribution of the absentee’s property 7 years after the date of the disappearance or absconding as found and recorded by the court (or, if the receiver is not appointed within 6 years after the date of disappearance or absconding, upon 1 year after the date of the appointment of the receiver). G. L. c. 200, § 13.

Note: A receiver could be appointed to take charge of the absentee’s property under G. L. c. 200, § 1 at any time prior to the application of the 5 year presumption of death under the MUPC at § 1-107(5) but formal probate under § 3-402(b) is possible thereafter, including probate of the absentee’s will if it is available to probate within the time limitation exception established in § 3-108(2). In that case, the receiver would be required to pay over the absentee’s estate to the PR pursuant to G. L. c. 200, § 12. If no PR were appointed sooner than the expiration of the 7 year period referred to in G. L. c. 200, § 13, the receiver pays over the absentee’s estate as if the absentee had died intestate.

If, prior to an order for distribution being made any of the following appears and claims said property, the receiver shall account for, deliver and pay over to such person (after making provision for the payment of certain expenses), pursuant to G. L. c. 200, § 12:

1. The absentee
2. A duly appointed PR
3. Assignee in insolvency
4. Trustee in bankruptcy of the absentee’s estate OR
5. The duly appointed guardian or conservator

If the absentee or a legal representative of the absentee does not appear and claim said property prior to the order of distribution, then the absentee’s right in all property shall cease (G. L. c. 200, § 12) and the court shall order the distribution thereof (G. L. c. 200, § 13). The property shall be distributed as follows:

1. The receiver shall pay to the commissioner of revenue for Massachusetts, from the amount otherwise available for distribution, the estate tax which would have been imposed if the absentee had died intestate within Massachusetts and the property had passed to the distributees by inheritance.
2. The remaining property is distributed as if the absentee had died intestate within Massachusetts on the date of the expiration of said seven years or of said one year, as the case may be.
3. If, the absentee or his legal representative appear before the distribution is completed, the court, upon the petition of the receiver or such absentee or legal representative, may make such further order relative to the distribution thereof as it deems just and equitable.

G. L. c. 200, § 13.

“Practice Alert: G. L. c. 206, § 31 is still in effect and controls the priority of payment in the event the assets of the absentee are insufficient to pay all debts.”

9.12 After-Found Property

The receiver must file a new petition to take possession of any property belonging to the absentee that was not listed in the initial petition for the appointment of a receiver and to demand and collect debts due the absentee from any person in Massachusetts. G. L. c. 200, § 7.

9.13 Procedure for Receivership Where Absentee’s Only Property is Intangible

Pursuant to G. L. c. 200, § 8, if there are debts and obligations due or owing to the absentee from persons within Massachusetts, a petition may be filed as provided in § 1, stating the nature and amount of such debts and obligations, so far as known, and praying that a receiver thereof may be appointed.

The division may thereupon issue a citation and may, upon the return thereof and after hearing, dismiss the petition or appoint a receiver. See section 9.6 and section 9.7 of this guide. The court may authorize and direct the receiver to demand and collect the debts and obligations specified in said petition, provided that no public administrator shall be appointed as such receiver when the sole known assets of the estate of the absentee consist of an amount of money standing to the absentee’s credit in a savings bank or in the savings department of a trust company and has been inactive during a period of ten years or more next preceding the petition for appointment of a receiver. But see, G. L. c. 200A, Abandoned Property.

The receiver shall give a corporate surety bond, and shall hold the proceeds of such debts and obligations and all property received by him, and distribute the same as hereinafter provided. G. L. c. 200, § 8. See section 9.8 of this guide.

9.14 Absentee Beneficiary of an Estate or Trust

Section 3-914(b) of the MUPC deals with the situation in which a PR holds property the disposition of which depends upon the death of an absentee whose death has not been found to have occurred under § 1-107. At any time after 5 years following the absentee’s disappearance, the PR may petition the court for an order directing that the property be distributed to the persons who would have taken if the absentee had in fact died on the 5th anniversary of the absentee’s disappearance.

The court may direct the petitioner to conduct, and to report the results of, a search in any manner the court deems advisable, including by publication, notifying law enforcement officials and other agencies, and engaging a private investigator. MUPC at § 3-914(b)(2). The costs of such search are paid from estate property.

After completion of the report directed by the court, notice of hearing on same is given under § 1-401. See MUPC at § 3-914(b)(3).

If the court finds that the facts warrant a presumption of death under § 1-107, it shall enter an order for the disposition of the subject property.

Section 7-309 of the MUPC, regarding the disposition of trust property, tracks § 3-914 except that it deals with the situation in which a trustee holds property the disposition of which depends upon the death of an absentee whose death has not been found to have occurred under § 1-107.

“Practice Alert: The MUPC at § 3-914(b)(4) incorrectly references “trust” property rather than “estate” property.”

Date published:	June 1, 2016
Last updated:	December 2, 2025