Massachusetts Order for Informal Appointment of Successor Personal Representative (OF) is a document issued by a court in Massachusetts to appoint a successor personal representative to administer the estate of the deceased. This document is used when the original personal representative is unavailable or unable to act due to death, resignation, or removal. It is also used when an heir or beneficiary of the estate requests the appointment of a successor personal representative. The document includes the name of the deceased, the name of the proposed successor personal representative, and the court's order appointing the successor. It also may include the powers granted to the successor personal representative, as well as any conditions or restrictions that may be imposed. There are two types of Massachusetts Order for Informal Appointment of Successor Personal Representative: Limited and General. The Limited Order is used when the successor is appointed to act for a limited period of time, and the General Order is used when the successor is appointed to act indefinitely.
Massachusetts Order For Informal Appointment of Successor Personal Representative
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FAQ
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
A magistrate can issue an informal probate order as soon as 7 days after the decedent's death. Informal probate is an administrative probate proceeding and is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge.
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.
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.
Under this statute, the person who has the highest priority to be appointed as the Personal Representative is the person who is named in the decedent's written last will and testament. However, for purposes of this article we are assuming there is no written will.
Informal probate is an administrative proceeding, which means that it is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. The court doesn't allow hearings for this process. Informal probate can be a faster process if you meet all the requirements.
The appointment of a personal representative in an unsupervised probate is sufficient to transfer title. Unlike a supervised probate, the only other requirement for the personal representative is that he/she file a single page statement with the court indicating that work probating the estate is completed.