The Massachusetts Petition For Formal Appointment of Successor Personal Representative is a legal document used in the state of Massachusetts that is used to appoint a successor personal representative for a deceased person's estate. This document is used when the original personal representative is no longer able to serve in that capacity due to death, incapacity, or resignation. The petition must be signed by the proposed successor personal representative and must be accompanied by a certified copy of the death certificate of the original personal representative, along with other required supporting documents and information. There are two types of Massachusetts Petition For Formal Appointment of Successor Personal Representative: nomination by will and appointment by court. In a nomination by will, the proposed successor personal representative is named in the deceased's will. In an appointment by court, the appointment is made by a probate judge.
Massachusetts Petition For Formal Appointment of Successor 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.
By Massachusetts statute, a probate case must be kept open for twelve months to allow creditors to file any claims against the estate and before final distributions should be made to the heirs. The good news is that not all estates must go through probate.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
There is not a major difference between an executor and a personal representative, as both are often used interchangeably. A judge appoints an executor to oversee a person's estate after they die. That includes administering their possessions and property.
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.
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.
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.