The Massachusetts Petition for Appointment of Special Personal Representative is a document used by a petitioner in probate court to request for the appointment of a Special Personal Representative to handle an estate. This typically occurs when the appointed Executor is unable or unwilling to carry out their duties. The petitioner must file the petition in the Probate and Family Court in the county where the decedent resided. There are three types of Massachusetts Petition for Appointment of Special Personal Representative: 1. Petition for Appointment of Special Personal Representative for Unsupervised Administration 2. Petition for Appointment of Special Personal Representative for Supervised Administration 3. Petition for Appointment of Special Personal Representative for Summary Administration. The Petition for Appointment of Special Personal Representative for Unsupervised Administration is used when the estate is simple and does not require court supervision. The Petition for Appointment of Special Personal Representative for Supervised Administration is used when the estate is complex or if there are disputes involved. The Petition for Appointment of Special Personal Representative for Summary Administration is used when the estate is small and does not require extensive paperwork. The petitioner must provide various documents and information in order for the court to make a decision regarding the appointment, including a copy of the will, a list of all heirs, and a list of all debts or taxes owed by the estate. The court will review the petition and make a ruling whether to appoint the proposed Special Personal Representative.
Massachusetts Petition For Appointment of Special Personal Representative
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How to fill out Massachusetts Petition For Appointment Of Special Personal Representative?
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FAQ
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.
Section 3-614: Special representative; appointment If it appears to the court that an emergency exists, appointment may be ordered without notice. A special personal representative shall continue to act during appeal of his appointment unless the court orders otherwise.
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.
SPRs can market and sell property, invest and/or the ?liquid? assets of the estate, and can use assets of the estate to pay liabilities. SPRs can even file accounts for the estate, though they are not permitted to file the final account. SPRs are particularly effective tools when it comes to real estate.
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.
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.
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.
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.