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Massachusetts Decree And Order For Formal Appointment of Successor Personal Representative

Category:
Statewide - Probate and Family Court - MUPC
State:
Massachusetts
Control #:
MA-SKU-0637
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PDF
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Decree And Order For Formal Appointment of Successor Personal Representative

A Massachusetts Decree And Order For Formal Appointment of Successor Personal Representative is a document issued by a court in the state of Massachusetts that formally appoints a successor personal representative to manage the estate of a deceased person. This document is typically issued when the original personal representative appointed to manage the estate has died, retired, or is otherwise unable or unwilling to continue managing the estate. The document will specify the name of the successor personal representative, the powers and duties of the representative, and the rights and responsibilities of the representative. It will also include any restrictions or conditions applicable to the representative. There are two types of Massachusetts Decree And Order For Formal Appointment of Successor Personal Representative: one for formal appointment of a successor personal representative by the court; and one for informal appointment of a successor personal representative by the original personal representative.

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FAQ

This personal representative can be appointed in as little as seven days after a loved one's death, compared to the six weeks to five months it used to take to appoint an executor or administrator.

The probate process in Massachusetts will take at least six months, however, it is not usual for it to take longer than a year, particularly since creditors have one year from the date of the decedent's death to file claims against the estate. The more complex and contested an estate is, the longer it will take.

In Massachusetts, once that person is appointed by the court to manage the probate estate, he/she is called the "Personal Representative". Before, adopting the Massachusetts Uniform Probate Code in 2012, this person was referred to as the "Executor" or the "Executrix". The bottom line is that they mean the same thing.

When the probate court appoints a personal representative, it issues a document called "Letters." This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a reasonable fee for the work performed for the estate.

A personal representative is the person appointed by the Probate Court to administer your estate after you pass. This role is often known as an executor. This appointment is critical to finalizing your estate and managing your assets in the meantime.

A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.

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More info

Decree and Order for Formal Appointment of Successor Personal Representative (MPC 765). For use in Probate and Family Court.Appointment of Personal. Representative. Pursuant to SCPC 62-1-401, Petitioner is ordered to give notice of this hearing to all interested persons at least twenty. (20) days prior to the hearing. Interest of the Petitioner (e.g. Petition For Formal Appointment Of Successor Personal Representative Form. Petition for Formal Appointment of Personal Representative Under. The personal representative or surviving spouse may petition the court for an order determining the classification of property under ch. Statement is filed, the appointment of the Personal Representative is terminated.

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