The Massachusetts Petition For Formal Removal of Personal Representative is a legal document used to formally remove a Personal Representative in the state of Massachusetts. A Personal Representative is an individual who is appointed by the court to manage the affairs of a deceased person's estate. The Petition is typically filed by a family member, creditor, or beneficiary of the estate. The Petition is filed with the court, and the court will then decide if the Personal Representative should be removed. The Petition must include the name of the deceased, the name of the Personal Representative, the reason for the removal, and a complete list of all the parties involved in the estate. There are two main types of Massachusetts Petition For Formal Removal of Personal Representative: voluntary and involuntary. A voluntary Petition is filed by the Personal Representative to remove themselves from the estate. An involuntary Petition is filed by a party other than the Personal Representative, such as a family member, creditor, or beneficiary. The Petition must state the facts and reasons for the removal of the Personal Representative. The court will then decide whether to grant the removal.
Massachusetts Petition For Formal Removal of Personal Representative
Description Personal Representative Template
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FAQ
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.
The simple answer: Yes, siblings can be forced to sell their home in the State of Massachusetts. Under Massachusetts state law, co-owners cannot be forced to remain co-owners. Even if the majority of the heirs want to keep the property, they can be forced to sell even if only one heir decides to do so.
While the probate is open and Personal Representative (PR) is administering the estate, the PR can divest their title either by exercising a power of sale in the admitted will or by selling the property pursuant to a License to Sell of Real Estate (a/k/a Decree of Sale) in a formal or informal probate.
In most cases, the court appoints a person called a personal representative to collect, manage, and transfer estate property to the devisees or heirs. If the decedent left a will, the court decides if the decedent's will is valid.
(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Notice shall be given in the manner prescribed by section 1?401 by the petitioner to the personal representative, and to other persons as the court may order.
Can You Sell a House During Probate in Massachusetts? The short answer is yes. Under the Massachusetts Uniform Probate Code, a house can be sold during probate as long as the seller can pass on a clean title to the buyer.
Closing An Estate. One option to formally close the estate with the Court, after one year following death, is the Petition for Order of Complete Settlement. This petition may include requests to the Court to approve a final accounting, including proposed distributions to be made to the beneficiaries.
Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.