Starting informal probate administration in MA

As you can probably tell by reading some other posts we've done about the new Uniform Probate Code in MA, there are major changes coming in the form and process of probate proceedings in Massachusetts. As a first step, family members or other interested parties who suffer the loss of a loved one after March 31, 2012 should take a look at Massachusetts General Laws, Chapter 190B, Section 3 -301 then contact the probate court in the appropriate county.  Presumably, on or before April 1, the probate courts in MA will have all the appropriate forms available and will have trained their staffs to assist the public with the new procedures.

As happens now, the process will start with the appointment of a fiduciary, to be known as the Personal Representative.  However, before that can happen, if a party is interested in commencing an informal probate administration, she must give written notice of her intent to petition the court at least seven days before doing so, by delivery or mail.  Proper notice must be given to: (1) all known heirs and devisees; (2) any person known to have a prior or equal right to be appointed Personal Representative; (3) any Personal Representative currently in place; (4) if there is no known spouse or heir of the decedent, or if any devisee is a charity, to the Attorney General; and (5) if a spouse, heir, or other devisee is an incapacitated person, to that person's guardian or conservator.

Additionally, within thirty days of her appointment, the petitioner must publish notice in a newspaper of general circulation.  Both this published notice, and the notice delivered to the parties mentioned above, must contain: (1) the name and address of the petitioner and personal representative; (2) an explanation that the notice is being sent to persons who have or may have an interest in the estate; (3) information about whether the bond is with or without surety; (4) the address and other information regarding the probate court where the papers relating to the estate are on file; (5) an explanation that the estate is being administered under the informal procedure and without supervision by the court; (6) an explanation that, under the informal procedure, an inventory and accounts are not required to be filed with the court, but that interested parties are entitled to notice regarding the administration of the estate from the personal representative and may petition the court regarding any matter relating to the estate; and (7) disclosure of the fact that any interested party may petition the probate court to begin formal probate proceedings and to terminate or restrict the powers of any personal representative appointed under the informal procedure.

After proper notice, the petitioner may petition the probate court for appointment as Personal Representative on a form that will include general information including, but not limited to: (1) a statement of interest by the petitioner (in other words, who is the petitioner and what is her relation to the deceased?); (2) the name, age, date of death and address of the decedent; (3) the names and addresses of any spouse, children, heirs, devises and, if any are minors, their ages; (4) the identification of any heirs or surviving spouse who is incapacitated; (5) a statement that a copy of the petition and the death certificate have been sent to the Division of Medical Assistance by certified mail; and (6) in cases where the decedent was not domiciled in MA at the time of death, a statement that venue is proper. Additionally, any petition for informal appointment of a Personal Representative must describe the will by date of execution and identify the time and place of any pending petition for probate. In cases where the deceased died intestate, the petition for informal appointment of a Personal Representative must also include: (1) an avowal that, after reasonable and diligent efforts, the petitioner is unaware of the existence of a will or, in the alternative, an explanation of why a known will is not being probated; (2) information regarding why the person seeking appointment as personal representative is an appropriate candidate, along with the names of other people who may have superior or equal right to the position; and (3) a statement regarding the timely filing of a death certificate.

Once all of the requirements mentioned above are complete, a magistrate at the probate court will appoint the Personal Representative after first determining, among other things, that the paperwork is complete and timely, venue is proper, notice has been made, and the petitioner appears to be an appropriate and interested party.  Hope all that helps.  I know it seems like a lot, but much of the above should be provided by the forms from the probate court.