Supervised administration is a single in rem proceeding to secure complete administration of a decedent’s estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the PR or other order terminating the proceeding. MUPC at § 3-501.
Supervised administration is available only in limited circumstances and is always commenced with a formal proceeding, i.e., in a proceeding conducted before a judge with notice to interested parties.
A PR appointed in a supervised administration is called a “supervised Personal Representative” or “supervised PR.”
5.1 Statutory References -MUPC at §§
- 3-501
- 3-502
- 3-503
- 3-504
- 3-505
- 3-607
5.2 Persons Who May Request a Supervised Administration
Under § 3-502, any interested person or a PR may request supervised administration.
5.3 When a Supervised Administration May be Sought
A supervised administration may be sought when a PR has already been appointed or when an informal or formal petition requesting the appointment of a PR is pending. A request for supervised administration may be filed at any time subject to the time limits on testacy proceedings if no PR has already been appointed. MUPC at §§ 3-502, 3-108. See section 1.2 of this guide.
5.3.1 If an Informal Proceeding is Pending or Concluded
When an informal petition is pending or concluded, with or without the appointment of a PR, any interested person may file (MPC 160) Petition for Formal Probate of Will/Adjudication of Intestacy/Appointment of Personal Representative (hereafter “Formal Petition”), with a prayer requesting the appointment of a PR and supervised administration at any time before final settlement and distribution. MUPC at § 3-502; see also Chapter 4 of this guide.
5.3.2 If a Formal Proceeding is Pending
The petitioner in a pending formal testacy proceeding may move to amend (MPC 160) Formal Petition to add a prayer for supervised administration. Any other interested person must file a separate Formal Petition, with a prayer requesting supervised administration. For more details on amending a Formal Petition, see Chapter 4 of this guide.
5.3.3 If a PR has been Appointed in Formal Proceedings
To request supervised administration after a PR has been appointed in a formal testacy proceeding, any interested person (including the formally appointed PR) may file (MPC 280) Petition for Supervised Administration.
5.4 Effect of Filing for Supervised Administration
5.4.1 If an Informal Proceeding is Pending
The filing of a Formal Petition requesting supervised administration of the PR stays any action on any informal petition then pending or thereafter filed. MUPC at § 3-503(a).
5.4.2 If a PR has been Appointed in Informal Proceedings
A proceeding for supervised administration may be brought after a PR is appointed by a request in a timely filed Formal Petition or in a Petition for Supervised Administration. After receiving notice of the filing of a proceeding for supervised administration, a PR shall not exercise the power to distribute any estate. MUPC at § 3-503(c).
The filing of a proceeding for supervised administration shall not affect other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition. MUPC at § 3-503(c). The restrictions on exercise of powers can be sought by a prayer in the petition and motion brought in the proceedings, or by a separate complaint in equity. MUPC at § 3-607(a). Any such request shall be heard by the court within 10 days of filing. MUPC at § 3-607(b).
5.4.3 If a Petition for Formal Proceeding is Pending
Where a Formal Petition is pending and there is no prior informal appointment, there is no fiduciary in place in this scenario. No one has authority to act. If a Formal Petition is pending and there was a prior informal appointment, see section 5.4.2 of this guide.
5.4.4 If a PR has been Appointed in Formal Proceedings
After receiving notice of the filing of a Petition for Supervised Administration, a PR shall not make any distributions. The filing of a Petition for Supervised Administration shall not affect other powers and duties unless the court restricts the exercise of any of them by order pending full hearing on the petition. MUPC at § 3-503(c). The restrictions on exercise of powers can be sought by a prayer in the petition and motion brought in the proceedings, or by a separate complaint in equity. MUPC at § 3-607(a). Any such request shall be heard by the court within 10 days of filing. MUPC at § 3-607(b).
5.5 Notice
5.5.1 If a Formal Proceeding is Commenced
The notice requirements are the same as in a Formal Petition in which supervised administration is not sought. See section 4.14 of this guide.
5.5.2 If a Formal Proceeding is Pending
If notice has already been given by the petitioner on the Formal Petition, a petitioner who seeks to amend his/her petition need give only motion notice to parties who have objected or appeared or requested notice. See Rule 2 of the Supplemental Rules of the Probate and Family Court (2012).
An interested party who files a separate Formal Petition that includes a request for supervised administration must give notice as provided in section 5.5.1 of this guide.
5.5.3 If a PR has been Appointed in Formal Proceedings
If the petition is filed after the PR’s appointment in formal proceedings, the division shall issue (MPC 566) Citation on Petition for Supervised Administration. Notice shall be given to all interested persons and may include notice by publication as necessary. See Rule 6 of the Supplemental Rules of the Probate and Family Court (2012).
5.6 Interim Orders in Supervised Administration
The supervised PR must get specific court approval before making any distributions from the estate. The approval is sought by motion, with notice to interested persons who requested notice or filed an appearance in the proceeding. MUPC at § 3-505. See (MPC 505a) Notice of Appearance and/or Objection.
The supervised PR or any interested person may seek interim orders approving or directing partial distributions or granting other relief. Such orders are sought by motion, with notice to the PR and to interested persons who requested notice or filed an appearance in the proceeding.
5.7 When Must/Can a PR be Supervised
The court shall order supervised administration, after notice to interested persons if the will directs supervised administration or if the court deems supervised administration is necessary. MUPC at § 3-502.
5.7.1 Where the Will Directs Supervised Administration
If the decedent’s will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration. MUPC at § 3-502.
5.7.2 Where the Court Finds Supervised Administration Necessary
If the decedent’s will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate.
In other cases (i.e., if the will is silent regarding the form of administration or in an intestate estate) supervised administration shall be ordered if the court finds that supervised administration is necessary under the circumstances.
If the decedent’s will does not require supervised administration, and supervised administration is being sought, the petition should be accompanied by an affidavit of the petitioner setting forth the facts upon which the request for supervised administration is requested.
5.8 Hearing
If the decedent’s will requires supervised administration, a petition may be allowed by the judge without a hearing.
In all other proceedings in which supervised administration is sought, the petitioner must mark the matter for hearing before a judge. A hearing is also required if decedent’s will requires supervised administration and the petition requests the estate be administered without supervision.
5.9 Decree and Order Appointing Supervised PR
5.9.1 In an Initial Appointment
If supervised administration is being ordered in the initial appointment of the PR in a formal testacy proceeding, (MPC 755) Decree and Order on Petition for Formal Adjudication must be completed to reflect that the PR will serve in a supervised administration and the reasons therefore. Any additional orders to the supervised PR and any additional restrictions the court puts on the powers of the supervised PR should also be reflected in the Decree.
5.9.2 In a Subsequent Proceeding
If supervised administration is being ordered on a Petition for Supervised Administration brought after the appointment of a PR in prior formal proceedings, (MPC 756) Decree and Order of Supervised Administration shall issue from the court.
5.10 Powers and Duties of a Supervised PR
Supervised PRs have the same duties and powers as unsupervised PRs, except the power to make distributions, unless otherwise ordered by the court. MUPC at § 3-501, 3-504. All supervised PRs are restricted from making any distributions from the estate without prior court approval. MUPC at § 3-504.
“Distributions” are not defined by the MUPC, but include the paying out of any estate funds other than claims (debts, funeral expenses) and expenses such as costs of administration (filing fees, publication and service fees, attorney’s fees, PR fees).
“Practice Alert: The assignment of exempt property (§ 2-403) which does not require specific court approval. Payment of the discretionary family allowance (§ 2-404) is a distribution which requires specific court approval.”
A supervised PR is responsible to the court, as well as to the interested parties, and is subject to direction concerning the estate made by the court on its own motion or on the motion of any interested party. MUPC at § 3-501.
At the time of appointment, the court may further restrict the powers of a supervised PR or make other orders regarding the management of the estate. MUPC at §§ 3-501, 3-504. Such orders may include, for example the:
- requirement that the inventory and/or interim accounts be filed;
- restriction on sale of real estate even if authorized in the will;
- restriction on investment of assets or disposition of assets;
- restriction on the assignment of exempt property;
- imposition of a restriction on disbursements for specific purposes such as attorney’s fees, executor’s fees, disputed claims, etc;
- modification to the automatic restriction on payments of the discretionary family allowance; AND/OR
- “next event” scheduling to ensure timely administration or filing of required documents such as inventory.
The court may also restrict the powers of a PR and restrain the PR in a separate equity case or enter restrictions as part of its decree appointing a PR in non-supervised formal proceedings.
5.11 Letters of Authority for Personal Representative (MPC 650)
See section 1.12 of this guide.
5.12 Termination of Supervision during Supervised Administration
Supervision of an estate may be terminated prior to the final closing of the estate by order of the court. Termination of supervision may be sought by a petition by the supervised PR or other interested person with notice to all interested persons. An affidavit setting forth the facts upon which the request to terminate supervision is made must accompany the petition. The petition must be presented for allowance. MUPC at §§ 3-501, 3-505.
5.13 Closing of Estate under Supervised Administration
A supervised administration may only be closed upon the entry of the Decree and Order for Complete Settlement (MPC 790) which includes allowance of the final account of the PR. See Chapter 10 of this guide.
5.14 Examples
Example 1
Donna dies with a will leaving an estate worth about $120,000 in personal property only. She is survived by her second spouse Sue and her two children from her first marriage: Andy and Debra. The will divides Donna’s estate among Sue, Andy and Debra equally and names Sue as the PR, exempting her from providing sureties on the bond. Andy and Debra do not trust their step-mother Sue and have concerns over her ability to manage their mother’s estate. Sue has not yet been appointed PR but has filed a Petition for Informal Probate and Appointment of PR. Can Andy and Debra request that a magistrate order supervised administration as part of the informal proceeding?
Answer
No. Since no PR has been appointed, Andy and/or Debra may only request a supervised administration by filing their own Petition for Formal Probate of Will/Adjudication of Intestacy/Appointment of Personal Representative (MPC 160) with a prayer for supervised administration. The magistrate may not act on Sue’s pending informal petition as this petition is stayed while Andy and/or Debra formal petition is pending.
Example 2
Donna dies with a will leaving an estate worth about $120,000 in personal property only. She is survived by her second spouse Sue and her two children from her first marriage: Andy and Debra. The will divides Donna’s estate among Sue, Andy and Debra equally and names Sue as the PR, exempting her from providing sureties on the bond. Andy and Debra do not trust their step-mother Sue and have concerns over her ability to manage their mother’s estate. Sue was informally appointed as a PR. Can Andy and Debra now request the court supervise the administration?
Answer
Yes. Although a PR (Sue) has been appointed, the appointment was made in an informal proceeding so Andy and/or Debra can still only request a supervised administration by filing their own (MPC 160) Petition for Formal Probate of Will/Adjudication of Intestacy/Appointment of Personal Representative with a prayer for supervised administration. If Sue had been formally appointed, Andy and/or Debra would file (MPC 280) Petition for Supervised Administration.
Example 3
Donna dies with a will leaving an estate worth about $120,000 in personal property. Donna also owned and operated an unincorporated bakery prior to her death. She is survived by her second spouse Sue and her two children from her first marriage: Andy and Debra. The will divides Donna’s estate among Sue, Andy and Debra equally and names Sue as the PR, exempting her from providing sureties on the bond. Andy and Debra do not trust their step-mother Sue and have concerns over her ability to manage their mother’s estate. The court has not yet issued the formal decree and order admitting the will to probate and appointing Sue as PR in a supervised administration. Andy believes Sue is mismanaging the bakery. Can Andy ask for the court to limit Sue’s powers regarding the bakery at the time of her appointment?
Answer
Yes. If the formal decree and order of appointment has not yet issued, the court could consider Andy’s requested limitations at the time of Sue’s appointment. If the formal decree and order only ordered a supervised administration, Sue would only be prohibited from making distributions, not from continuing the bakery business (since continuing the business is one of the powers given to a PR). To request this, or any other additional limitations after the petition is filed, Andy would need to amend his petition by motion.
Example 4
Donna dies with a will leaving an estate worth about $120,000 in personal property. Donna also owned and operated an unincorporated bakery prior to her death. She is survived by her second spouse Sue and her two children from her first marriage: Andy and Debra. The will divides Donna’s estate among Sue, Andy and Debra equally and names Sue as the PR, exempting her from providing sureties on the bond. Andy and Debra do not trust their step-mother Sue and have concerns over her ability to manage their mother’s estate. The court has now issued a formal decree and order admitting the will to probate and appointing Sue as PR in a supervised administration. Andy believes Sue is mismanaging the bakery. May Andy ask the court to further restrict Sue’s powers once there is already a supervised administration in place?
Answer
Yes. Because the formal decree and order with supervision has already issued, Andy need only file a motion and may ask the court to further limit Sue’s powers as PR. The court could then issue a separate order further limiting Sue’s powers.
Example 5
Knowing her brother Andy would be difficult, Debra was appointed supervised PR of her mother’s estate on a formal petition. Andy and Debra reconciled their differences and no longer want the additional expenses associated with supervised administration. Can the supervised administration be terminated?
Answer
Yes. Debra may file a petition to terminate supervision. However, even with the assent of all interested persons, it must be presented to the court for allowance.
| Date published: | June 1, 2016 |
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| Last updated: | December 2, 2025 |