MUPC Estate Administration Procedural Guide: Termination of Appointment of Personal Representative

Section 7 of the MUPC Estate Administration Procedural Guide, Second Edition, a guide to estate administration practices & procedures in the Probate and Family Court.

Termination of the PR’s appointment can occur by:

1. operation of Law;
2. resignation of the PR; OR
3. removal of the PR.

7.1 Statutory References- MUPC at §§

• 3-402
• 3-608
• 3-609
• 3-610
• 3-611
• 3-612
• 3-1204(b)

7.2 Termination of PR’s Appointment by Operation of Law

Termination of a PR’s appointment occurs without court action:

1. upon the death of the PR;
2. upon the incapacity of the PR;
3. upon the appointment of a different PR or a change in testacy status; OR
4. one year after the filing of (MPC 851) Small Estate Closing Statement if no actions are pending against the PR.

Termination of the appointment of a SPR occurs in accordance with the appointment, or upon the appointment of a general PR. See section 6.7 of this guide.

Note: If a proceeding is pending on behalf of or against the estate prior to termination, a substitution of a successor PR as party plaintiff or defendant in the proceeding should be made. See Comment to MUPC at § 3-608.

Note: Unless the terms of a will state otherwise, a co-PR may continue to exercise all powers incident to the office after termination of the appointment of a co-PR. See MUPC at § 3-718.

7.2.1 Upon the Death of the PR

Termination occurs without court action upon the death of the PR. MUPC at § 3-609.

7.2.2 Upon the Incapacity of the PR

Termination occurs without court action upon the appointment of a guardian or conservator for the PR. MUPC at § 3-609.

The PR of the estate of a deceased PR, the guardian of an incapacitated PR, or the conservator of a protected PR:

1. has the duty to protect the estate possessed or being administered by the PR at the time of termination;
2. has the power to perform acts necessary to protect said estate; AND
3. has the duty to deliver the estate assets to a successor PR or a SPR upon appointment and qualification, and to account for the estate delivered. If the deceased, protected or incapacitated PR had the obligation to file account(s) with the division, then the PR of the estate of the deceased PR, guardian of incapacitated PR, or conservator of a protected PR has the obligation to do so.

MUPC at § 3-609.

Note: The PR of the estate of a deceased co-PR would not have any duty or authority in relation to the estate that was being administered by the deceased co-PR. MUPC at §§ 3-609, 3-718.

7.2.3 Upon a Change in Testacy Status

A change in testacy status after appointment of a PR does not automatically terminate the appointment of the PR. Termination of a PR’s appointment occurs without court action upon subsequent appointment of a different PR accompanying a change in testacy status. MUPC at § 3-612. See section 1.13 of this guide.

If a change in testacy status occurs after a PR has been appointed, and a different PR IS NOT appointed in the change of testacy status proceedings, and no request for appointment of a different PR is made within thirty (30) days after expiration of the time for appeal of the decree changing testacy status, the previously appointed PR may confirm his/her prior appointment as PR by filing with the division a statement of confirmation with certification that notice of same has been sent by first class mail to all interested persons.

“Practice Alert: No statement of confirmation shall be accepted for filing if a different PR was appointed by the court upon a change of testacy status.”

7.2.4 One Year After the Filing of a Small Estate Closing Statement (MPC 851)

If no actions or proceedings involving the PR are pending in the division one year after (MPC 851) Small Estate Closing Statement is filed, the appointment of the PR terminates. See section 10.5.2 of this guide.

7.3 Termination by Resignation

The process for resignation has 3 steps:

1. A PR must give at least fifteen (15) days prior written notice of an intent to resign to all persons interested in the decedent’s estate.
2. After giving this written notice of intent, the PR files (MPC 264) Statement of Resignation of Personal Representative with the court.
3. The written statement of resignation shall be effective only upon the appointment and qualification (by approval of a bond) of a successor PR and delivery of the estate assets to the successor PR.

“Practice Alert: If no one has petitioned for appointment as successor PR within the 15 day notice of intent period, the filed statement of resignation shall be ineffective as a termination of the resigning PR’s appointment.”

“Legislative Note: This section was reserved in G. L. c. 190B as originally enacted and was added as of July 8, 2012 by Chapter 140 of the Acts of 2012. Resignations filed but not accepted before July 8, 2012 shall continue to be governed by Rule 90 of the Supplemental Rules of the Probate Court, and may be accepted “when it is appropriate to do so” even if no successor has been appointed at the court’s discretion pursuant to Rule 90. Resignations filed on or after July 8, 2012 are subject to the limitations of § 3-610.”

7.4 Termination by Removal

Any interested person at any time may file form (MPC 265) Petition for Formal Removal of Personal Representative, to request the removal of a PR for cause. MUPC at § 3-611. The division shall issue (MPC 580) Citation on Petition for Removal and notice shall be given to all persons interested. If seeking removal of the PR for cause, petitioner must allege one of the following:

1. the PR, or the person who sought appointment of the PR, intentionally misrepresented material facts in the proceedings leading to appointment.
2. the PR has:
   1. disregarded an order of the court;
   2. become incapable of discharging the duties of PR;
   3. mismanaged the estate; OR
   4. failed to perform any duty pertaining to the office of PR; OR
   5. the PR who was appointed at the place of decedent’s domicile seeks to obtain his own or his nominee’s appointment as ancillary PR in Massachusetts, unless the decedent’s will directs otherwise. See MUPC at § 3-203(g). See Chapter 11 of this guide.

If the court finds there is cause for removal, (MPC 766) Decree and Order for Formal Removal of Personal Representative shall issue.

“Practice Alert: The failure of a PR to meet a requirement of sureties on a bond within thirty (30) days after receipt of notice of Demand for Sureties is cause for removal. MUPC at § 3-605. See section 1.8 of this guide.”

7.5 Proper Petition for Termination of Appointment

If a PR is appointed in an informal or formal proceeding, a request to remove the appointed PR for cause may only be made by (MPC 265) Petition for Formal Removal of Personal Representative which may be filed at any time. MUPC at § 3-414(b).

However, if a PR is appointed in an informal proceeding and a request to remove the appointed PR is based on allegations that the PR lacks priority or qualifications at the time of the initial appointment, the request may only be made by (MPC 160) Petition for Formal Appointment of a PR which may be filed only within the § 3-108 time limits (i.e., 3 years from date of death).

7.6 Effect of Termination of Appointment

Termination of the appointment of a PR:

1. Ends the PR’s authority to represent the estate in any pending or future proceeding.
2. Does not affect the jurisdiction of the court over the PR.
3. Does not affect the PR’s liability for transactions or omissions occurring before termination.
4. Does not relieve the PR of the duty to preserve assets subject to the PR’s control. Unless restrained or enjoined by court order pursuant to § 3-401 or § 3-607, the PR shall:
   1. continue to perform acts necessary to protect the estate prior to distribution;
   2. deliver the assets to a successor PR; AND
   3. account for the assets.

MUPC at § 3-608.

“Practice Alert: The termination of PR’s appointment is not a discharge of the PR pursuant to §§ 3-1001 and 3-1002.”

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