| Organization: | Trial Court Law Libraries Massachusetts Court System |
|---|---|
| Date published: | November 14, 2023 |
Introduction
This is an unofficial version of Mass. General Law c.190B, the Massachusetts Uniform Probate Code. Please note that sections that appear missing have been either reserved for future use or repealed.
Table of Contents
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- § 1-101 Short title
- § 1-102 Purposes; rule of construction
- § 1-103 Supplementary general principles of law applicable
- § 1-104 Severability
- § 1-105 Construction against implied repeal
- § 1-106 Effect of fraud and evasion
- § 1-107 Evidence of death or status
- § 1-108 Act by holder of general power
- § 1-109 Standard of proof
- § 1-201 Definitions and inclusions
- § 1-301 Territorial application
- § 1-302 Subject matter jurisdiction
- § 1-303 Venue; multiple proceedings; transfer
- § 1-307 Magistrate; powers
- § 1-310 Oath of affirmation on filed documents
- § 1-401 Notice; method and timing of giving
- § 1-402 Notice; waiver
- § 1-403 Pleadings; when parties bound by others; notice
- § 1-404 Guardian ad litem and next friend
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- § 2-101 Intestate estate
- § 2-102 Share of spouse
- § 2-103 Share of heirs other than surviving spouse
- § 2-105 No taker
- § 2-106 Representation
- § 2-107 Kindred of half blood
- § 2-108 Afterborn heirs
- § 2-109 Advancements
- § 2-110 Debts to decedent
- § 2-111 Alienage
- § 2-112 Dower and curtesy abolished
- § 2-113 Individuals related to decedent through two lines
- § 2-114 Parent and child relationship
- § 2-301 Entitlement of spouse; premarital will
- § 2-302 Omitted children
- § 2-401 Applicable law
- § 2-403 Exempt property
- § 2-404 Discretionary family allowance
- § 2-405 Source, determination, and documentation
- § 2-501 Who may make will
- § 2-502 Execution of wills
- § 2-504 Self-proved will
- § 2-505 Who may witness
- § 2-506 Choice of law as to execution
- § 2-507 Revocation by writing or by act
- § 2-508 Revocation by change of circumstances
- § 2-509 Revival of revoked will
- § 2-510 Incorporation by reference
- § 2-511 Testamentary additions to trusts
- § 2-512 Events of independent significance
- § 2-513 Separate writing identifying devise of certain types of tangible property
- § 2-514 Contracts concerning succession
- § 2-515 Deposit of will with court in testator’s lifetime
- § 2-516 Duty of custodian of will; liability
- § 2-517 Penalty clause for contest
- § 2-601 Scope
- § 2-602 Will may pass all property and after-acquired property
- § 2-603 Anti-lapse; deceased devisee; class gifts
- § 2-604 Failure of testamentary provision
- § 2-605 Increase in devised securities; accessions
- § 2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent
- § 2-607 Nonexoneration
- § 2-608 Exercise of power of appointment
- § 2-609 Ademption by satisfaction
- § 2-610 Annuities
- § 2-701 Scope
- § 2-702 Requirement of survival
- § 2-703 Choice of law as to meaning and effect of donative dispositions
- § 2-704 Taxes on QTIPS
- § 2-705 Class gifts construed to accord with intestate succession
- § 2-706 Life insurance; retirement plan; account with POD designation; transfer-on-death registration; deceased
- § 2-707 Survivorship with respect to future interests under terms of trust; substitute takers
- § 2-708 Class gifts to “descendants”, “issue”, or “heirs of the body”; form of distributions if none specified
- § 2-709 Representation; per capita at each generation; per stirpes
- § 2-710 Worthier title doctrine abolished
- § 2-711 Future interests in “heirs” and like
- § 2-801 Disclaimer of property interests
- § 2-802 Effect of divorce, annulment, and decree of separation
- § 2-803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designation
- § 2-804 Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances
- § 2-901 Statutory rule against perpetuities
- § 2-902 When nonvested property interest or power of attorney appointment created
- § 2-903 Reformation
- § 2-904 Exclusions from statutory rule against perpetuities
- § 2-905 Prospective application
- § 2-906 Supersession
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- § 3-101 Devolution of estate at death; restrictions
- § 3-102 Necessity of order of probate for will
- § 3-103 Necessity of appointment for administration
- § 3-104 Claims against decedent; necessity of administration
- § 3-105 Proceedings affecting devolution and administration
- § 3-106 Proceedings within the exclusive jurisdiction of court; service; jurisdiction over persons
- § 3-107 Scope of proceedings; proceedings independent; exception
- § 3-108 Probate, testacy and appointment proceedings; ultimate time limit
- § 3-109 Statutes of limitation on decedent's cause of action
- § 3-201 Venue for first and subsequent estate proceedings; location of property
- § 3-202 Appointment or testacy proceedings; conflicting claim of domicile in another state
- § 3-203 Priority among persons seeking appointment as personal representative
- § 3-205 Judge or register as personal representative
- § 3-301 Informal probate or appointment proceedings; petition; contents
- § 3-302 Informal probate; duty of magistrate; effect of informal probate
- § 3-303 Informal probate; proof and findings required
- § 3-304 Informal probate; unavailable in certain cases
- § 3-305 Informal probate; magistrate not satisfied
- § 3-306 Informal probate; notice requirements
- § 3-307 Informal appointment proceedings; delay in order; duty of magistrate; effect of appointment
- § 3-308 Informal appointment proceedings; proof and findings required
- § 3-309 Informal appointment proceedings; magistrate not satisfied
- § 3-311 Informal appointment unavailable in certain cases
- § 3-401 Formal testacy proceedings; nature; when commenced
- § 3-402 Formal testacy or appointment proceedings; petition; contents
- § 3-403 Formal testacy proceedings; notice of hearing on petition
- § 3-405 Formal testacy proceedings; uncontested cases; hearings and proof
- § 3-406 Formal testacy proceedings; contested cases; testimony of attesting witnesses
- § 3-408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction
- § 3-409 Formal testacy proceedings; order; foreign will
- § 3-410 Formal testacy proceedings; probate of more than one instrument
- § 3-411 Formal testacy proceedings; partial intestacy
- § 3-412 Formal testacy proceedings; effect of order; vacation
- § 3-413 Formal testacy proceedings; vacation of order for other cause
- § 3-414 Formal proceedings concerning appointment of personal representative
- § 3-501 Supervised administration; nature of proceeding
- § 3-502 Supervised administration; petition; order
- § 3-503 Supervised administration; effect on other proceedings
- § 3-504 Supervised administration; powers of personal representative
- § 3-505 Supervised administration; interim orders; distribution and closing orders
- § 3-601 Qualification
- § 3-602 Acceptance of appointment; consent to jurisdiction
- § 3-603 Bond without sureties
- § 3-604 Bond with sureties; procedure; reduction
- § 3-605 Demand for sureties by interested person
- § 3-606 Terms and conditions of bonds
- § 3-607 Order restraining personal representative
- § 3-608 Termination of appointment; general
- § 3-609 Termination of appointment; death or disability
- § 3-610 Resignation by personal representative
- § 3-611 Termination of appointment by removal; cause; procedure
- § 3-612 Termination of appointment; change of testacy status
- § 3-613 Successor personal representative
- § 3-614 Special representative; appointment
- § 3-615 Special representative; who may be appointed
- § 3-617 Special representative; formal proceedings; power and duties
- § 3-618 Termination of appointment; special representative
- § 3-701 Time of accrual of duties and powers
- § 3-702 Priority among different letters
- § 3-703 General duties; relation and liability to persons interested in estate; standing to sue
- § 3-704 Personal representative to proceed without court order; exception
- § 3-706 Duty of personal representative; inventory and appraisement
- § 3-707 Employment of appraisers
- § 3-709 Duty of personal representative; possession of estate
- § 3-710 Power to avoid transfers
- § 3-712 Improper exercise of power; breach of fiduciary duty
- § 3-713 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
- § 3-714 Persons dealing with personal representative; protection
- § 3-715 Transactions authorized for personal representatives; exceptions
- § 3-716 Powers and duties of successor personal representative
- § 3-717 Co-representatives; when joint action required
- § 3-718 Powers of surviving personal representative
- § 3-719 Compensation of personal representative
- § 3-720 Expenses in estate litigation
- § 3-802 Statute of limitations
- § 3-803 Limitations on presentation of claims
- § 3-804 Manner of commencement of claims
- § 3-805 Classification of claims
- § 3-806 Allowance of claims
- § 3-807 Payment of claims
- § 3-808 Individual liability of personal representative
- § 3-809 Secured claims
- § 3-810 Claims not due and contingent or unliquidated claims
- § 3-811 Counterclaims
- § 3-812 Execution and levies prohibited
- § 3-813 Compromise of claims
- § 3-814 Encumbered assets
- § 3-815 Administration in more than one state; duty of personal representative
- § 3-816 Final distribution to domiciliary representative
- § 3-901 Successors' rights if no administration
- § 3-902 Distribution; order in which assets appropriated; abatement
- § 3-903 Right of retainer
- § 3-904 Interest on general pecuniary devise
- § 3-906 Distribution in kind; valuation; method
- § 3-907 Distribution in kind; evidence
- § 3-908 Distribution; right or title of distributee
- § 3-909 Improper distribution; liability of distributee
- § 3-912 Private agreements among successors to decedent binding on personal representative
- § 3-913 Distributions to trustee
- § 3-914 Disposition of unclaimed assets
- § 3-915 Distribution to person under disability
- § 3-916 Apportionment of estate taxes
- § 3-917 Partial distribution
- § 3-1001 Formal proceedings terminating administration; testate or intestate; order of general protection
- § 3-1003 Closing estates; by sworn statement of personal representative
- § 3-1004 Liability of distributees to claimants
- § 3-1005 Limitations on proceedings against personal representative
- § 3-1006 Limitations on actions and proceedings against distributees
- § 3-1101 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons
- § 3-1102 Procedure for securing court approval of compromise
- § 3-1103 Non-resident beneficiaries; payment of trust fund to foreign trustee
- § 3-1201 Collection of personal property by affidavit
- § 3-1202 Effect of affidavit
- § 3-1203 Small estates; summary administration procedure
- § 3-1204 Small estates; closing by sworn statement of personal representative
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- § 4-101 Definitions
- § 4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
- § 4-202 Payment or delivery discharges
- § 4-203 Resident creditor notice
- § 4-204 Proof of authority-bond
- § 4-205 Powers
- § 4-206 Power of representatives in transition
- § 4-207 Ancillary and other local administrations; provisions governing
- § 4-301 Jurisdiction by act of foreign personal representative
- § 4-302 Jurisdiction by act of decedent
- § 4-302A Proceedings to determine property rights
- § 4-303 Service on foreign personal representative
- § 4-401 Effect of adjudication for or against personal representative
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- § 5-101 Definitions and inclusions
- § 5-102 Facility of payment or delivery
- § 5-103 Delegation of powers by parent or guardian
- § 5-105 Venue
- § 5-106 Appointment of counsel; guardian ad litem
- § 5-107 Protection of minors
- § 5-201 Appointment and status of guardian of minor
- § 5-202 Parental or guardian appointment of guardian for minor
- § 5-203 Objection by minor fourteen or older to parental appointment
- § 5-204 Court appointment of guardian of minor; conditions for appointment; temporary guardian
- § 5-206 Procedure for court appointment of guardian of minor
- § 5-207 Court appointment of guardian of minor; qualifications; priority of minor's nominee
- § 5-208 Bond; consent to service by acceptance of appointment; notice
- § 5-209 Powers, duties, rights and immunities of guardian of minor; limitations
- § 5-210 Termination of appointment of guardian; general
- § 5-212 Resignation, removal, and other post-appointment proceedings
- § 5-301 Nomination of guardian for incapacitated person by will or other writing
- § 5-303 Procedure for court appointment of a guardian of an incapacitated person
- § 5-304 Notice in guardianship or conservatorship proceeding
- § 5-305 Who may be guardian; parties [priorities]
- § 5-306 Findings; order of appointment
- § 5-306A Substituted judgment
- § 5-307 Bond; acceptance of appointment; consent to jurisdiction
- § 5-308 Emergency orders; temporary guardians
- § 5-309 Powers, duties, rights and immunities of guardians, limitations
- § 5-310 Termination of guardianship for incapacitated person
- § 5-311 Removal or resignation of guardian; termination of incapacity
- § 5-313 Religious freedom of incapacitated person
- § 5-401 Management of estate
- § 5-402 Protective proceedings; jurisdiction of business affairs of protected persons
- § 5-404 Original petition for appointment or protective order
- § 5-405 Notice
- § 5-407 Findings; order of appointment; permissible court orders
- § 5-408 Protective arrangements and single transactions authorized
- § 5-409 Who may be appointed conservator; penalties
- § 5-410 Bond
- § 5-411 Terms and requirements of bonds
- § 5-412 Acceptance of appointment; consent to jurisdiction
- § 5-412A Emergency orders; temporary conservators
- § 5-413 Compensation and expenses
- § 5-415 Petitions for orders subsequent to appointment
- § 5-416 General duty of conservator; plan
- § 5-417 Inventory and records
- § 5-418 Accounts
- § 5-419 Conservators; title by appointment
- § 5-420 Recording of conservator's letters
- § 5-421 Sale, encumbrance, or transaction involving conflict of interest voidable; exceptions
- § 5-422 Persons dealing with conservators; protection
- § 5-423 Powers of conservator in administration
- § 5-423A Delegation
- § 5-424 Distributive duties and powers of conservator
- § 5-425 Enlargement or limitation of powers of conservator
- § 5-426 Preservation of estate plan; right to examine
- § 5-427 Claims against protected person
- § 5-428 Personal liability of conservator
- § 5-429 Removal or resignation of conservator; termination of disability; termination of proceedings
- § 5-430 Payment of debt and delivery of property to foreign conservator without local proceedings
- § 5-431 Foreign conservator; proof of authority; bond; powers
- § 5-501 Definition
- § 5-502 Durable power of attorney not affected by lapse of time, disability or incapacity
- § 5-503 Relation of attorney in fact to court-appointed fiduciary
- § 5-504 Power of attorney not revoked until notice
- § 5-505 Proof of continuance of durable and other powers of attorney by affidavit
- § 5-506 Enforcement
- § 5-507 Protection; third parties
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- § 5A-101 Short title
- § 5A-102 Definitions
- § 5A-103 International application of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
- § 5A-104 Communication between courts
- § 5A-105 Cooperation between courts
- § 5A-106 Taking testimony in another state
- § 5A-201 Definitions; significant connection factors
- § 5A-202 Exclusive basis
- § 5A-203 Jurisdiction
- § 5A-204 Special jurisdiction
- § 5A-205 Exclusive and continuing jurisdiction
- § 5A-206 Appropriate forum
- § 5A-207 Jurisdiction declined by reason of conduct
- § 5A-208 Notice of proceeding
- § 5A-209 Proceedings in more than one state
- § 5A-301 Transfer of guardianship or conservatorship to another state
- § 5A-302 Accepting guardianship or conservatorship transferred from another state
- § 5A-401 Registration of guardianship orders
- § 5A-402 Registration of protective orders
- § 5A-403 Effect of registration
- § 5A-501 Uniformity of application and construction
- § 5A-502 Relation to Electronic Signatures in Global and National Commerce Act
- § 5A-503 Transitional provision
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- § 6-101 Nonprobate transfers on death
- § 6-301 Definitions
- § 6-302 Registration in beneficiary form; sole or joint tenancy ownership
- § 6-303 Registration in beneficiary form; applicable law
- § 6-304 Origination of registration in beneficiary form
- § 6-305 Form of registration in beneficiary form
- § 6-306 Effect of registration in beneficiary form
- § 6-307 Ownership on death of owner
- § 6-308 Protection of registering entity
- § 6-309 Nontestamentary transfer on death
- § 6-310 Terms, conditions, and forms for registration
- § 6-311 Rights of creditors and others
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