2006 Massachusetts Code - Section 10. Assignment of spouse\'s interest.

Section 10. If a spouse is entitled by law, by deed of jointure, or under the will of the person to whom such spouse is married, to an undivided interest in his land either for life or during the time in which such spouse is a surviving spouse, such interest may be assigned to such spouse, in whatever counties the land lies, by the probate court for the county in which the estate of the deceased spouse is settled. Such assignment may be made upon petition or, if such surviving spouse does not petition therefor within one year after the death, upon petition by an heir or devisee of such deceased spouse, by any person having an estate in the land subject to such interest, or by the guardian or conservator of any such heir, devisee or person, or by an executor or administrator if the probate court finds that the personal property will probably be insufficient to pay the debts and legacies of the decedent or charges of administration.