2018 Massachusetts General Laws
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
Chapter 190B MASSACHUSETTS UNIFORM PROBATE CODE
Article III PROBATE OF WILLS AND ADMINISTRATION
Section 3-308 Informal appointment proceedings; proof and findings required
Section 3–308. [Informal Appointment Proceedings; Proof and Findings Required.]
(a) In informal appointment proceedings, the court or a magistrate shall determine whether:
(1) the petition for informal appointment of a personal representative is complete;
(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;
(3) the petitioner appears from the petition to be an interested person as defined in section 1–201(24);
(4) on the basis of the statements in the petition, venue is proper;
(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement shall not apply to the appointment of a special personal representative;
(6) any notice required by section 3–306 has been given; and
(7) from the statements in the petition, the person whose appointment is sought has priority entitling that person to the appointment;
(8) on the basis of the statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if any are incapacitated persons or minors they are represented by guardians or conservators; and
(9) a death certificate issued by a public officer is in the court's possession.
(b) Unless section 3–612 controls, the petition shall be denied if it indicates that: a personal representative who has not filed a written statement of resignation has been appointed in this or another county of the commonwealth; unless the petitioner is the domiciliary personal representative or the domiciliary representative's nominee, the decedent was not domiciled in the commonwealth; and a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.
