A successor PR may be appointed in informal or formal proceedings and Parts 3 (informal probate and appointment proceedings) and 4 (formal probate and appointment proceedings) of Article 3 of the MUPC apply accordingly, except for the provisions of the § 3-108 time limits which do not apply.
8.1 Statutory Reference-MUPC at §§:
- 3-301(5)
- 3-301(6)
- 3-613
- 3-706
- 3-716
8.2 Preliminary Considerations
8.2.1 Distinction from a Change in Testacy Proceeding
A request for appointment of a different PR as part of or within 30 days after a change of testacy status (§ 3-301(5)) is not a successor proceeding as described in this section of the manual. See section 1.13 of this guide, for the procedure to confirm a previous appointment of a PR or seek the appointment of a different PR in a change of testacy status proceeding. In all other instances, a petition for appointment of a successor PR must be filed in order for a successor PR to be appointed.
8.2.2 Successor PR Appointed by Petition for Appointment of a Successor PR
A petition for appointment of a successor PR is filed in order to secure the appointment of a PR to succeed a PR whose appointment has been terminated by death, by appointment of a guardian or conservator, by finalization of (MPC 851) Small Estate Closing Statement, by resignation (§ 3-610), or by removal. MUPC at § 3-613; see (MPC 255) Petition for Informal Appointment of Successor Personal Representative and (MPC 270) Petition for Formal Appointment of Successor Personal Representative.
8.2.3 Successor PR to Serve with Previously Appointed Co-PR
If a successor PR is seeking an appointment to serve with a previously appointed co-PR, the successor may seek appointment to act with the prior PR, or the previously appointed PR may resign and both may seek appointment on a petition for appointment of a successor PR. See (MPC 255) Petition for Informal Appointment of Successor Personal Representative or (MPC 270) Petition for Formal Appointment of Successor Personal Representative.
8.3 Required Elements of the Petition for Successor PR (MPC 255 & 270)
A petition for appointment of a successor PR may be brought informally or formally. See (MPC 255) Petition for Informal Appointment of Successor Personal Representative and (MPC 270) Petition for Formal Appointment of Successor Personal Representative. Even if the PR who is being succeeded were appointed before the effective date of the MUPC or by formal MUPC proceedings, the successor PR may be appointed in informal proceedings if all of the requirements for an informal proceeding are met.
8.3.1 Information About the Petitioner(s)
See section 3.5.2 and section 4.6.2.2 of this guide.
8.3.2 Statement Regarding Supervised Administration
Supervised Administration is not available in informal proceedings. The Petition for Informal Appointment of Successor PR includes a statement that administration is unsupervised. Supervised Administration may be requested on the Petition for Formal Appointment of Successor PR.
8.3.3 Information Regarding Previously Appointed PR
The petitioner must identify the previously appointed PR’s name and address, the date of appointment and reason for termination of the previous PR’s appointment. See generally Chapter 7 of this guide.
8.3.4 Information Regarding the Proposed PR
See section 3.8 and section 4.9 of this guide.
8.3.5 Identifying Others with Statutory or Equal Rights to Appointment
The petitioner must describe the priority of the nominee. MUPC at §§ 3-301(6), 3-203(h). The rules for priority for appointment of a successor PR are the same as those for the appointment of a PR. See section 1.5 of this guide.
8.3.6 Adoption of Statements in Prior Petition
In an informal proceeding, the petitioner must adopt the statements made in the petition which led to the appointment of the PR being succeeded except as specifically changed or corrected. MUPC at § 3-301(a)(6). The Petition for Formal Appointment of Successor PR includes the same language for simplicity.
Note: Changes or corrections should include updated addresses of any interested person. For formal proceeding's they may include a request to change the supervision of the estate previously ordered..
8.3.7 Information Regarding the Bond
A successor PR must file a bond to qualify for appointment and obtain Letters. MUPC at § 3-601. See section 1.7 of this guide. If an informal proceeding is filed, the bond must be filed with the petition. The petitioner must indicate if the bond of the successor PR will be with or without sureties.
8.3.8 Requests
The request must be for unsupervised administration if the petition is a petition for Informal Appointment of Successor PR. Any further request must be as set forth in the paragraph adopting the prior petition’s statement.
8.4 Notice Requirements
If a Petition for Informal Appointment of Successor PR is filed, the petitioner shall give notice as provided for informal probate and appointment proceedings including post appointment publication if the successor’s appointment is made during the period in which the informal testacy determination may be challenged. See section 3.13 of this guide.
If a Petition for Formal Appointment of Successor PR is filed, the division shall issue a citation for service on all interested persons. See (MPC 561) Citation on Petition for Formal Appointment of Successor Personal Representative.
See also the following:
| If any Petition for Appointment of Successor PR is filed within the time limit to contest an informal proceeding as provided by G. L. c. 190B, § 3-108 (i.e. three years from date of death to contest the appointment of the PR; or the later of 12 months from the informal probate or three years from decedent's death to contest probate of the will), notice will be provided to: | In all other cases, notice of any Petition for Appointment of Successor PR must be provided to: | Notice must also be provided to the Attorney General when: | Notice must also be provided to the Division of Medical Assistance, Estate Recovery Unit ("DMA") when... | Publication is required when: |
|---|---|---|---|---|
| Heirs and Devisees |
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See Uniform Practice XXXIV |
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“Practice Alert: If notice is not required to be given to the Attorney General, DMA or by publication as outlined above, any Petition for Appointment of a Successor PR may be allowed without a citation provided assents of all interested persons are filed.”
8.5 Order of Appointment of Successor PR and Letters
The successor PR may be appointed by either (MPC 760) Order for Informal Appointment of Successor Personal Representative or (MPC 765) Decree and Order for Formal Appointment of Successor Personal Representative and the appropriate Letters shall issue. See section 1.12 of this guide.
8.6 Powers and Duties of Successor PR
Except as ordered by the court, a successor PR has the same power and duty as the prior PR to complete the administration and distribution of the estate. The successor PR may not exercise any power expressly made personal to the PR named in the will. MUPC at §§ 3-716, 3-613.
The successor PR is obligated to prepare an inventory, within three (3) months after appointment, stating fair market values as of date of appointment. MUPC at § 3-706. See also section 10.2 of this guide.
After appointment and qualification, a successor PR may be substituted in all actions and proceedings to which the former PR was a party. MUPC at § 3-613.
No notice, process or claim which was given to or served upon the former PR needs to be given again to, or served again upon, the successor PR. MUPC at § 3-613.
A successor PR may initiate a proceeding against a surety on the bond of the prior PR for breach of the prior PR’s obligation. MUPC at § 3-613.
| Date published: | June 1, 2016 |
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| Last updated: | December 2, 2025 |