Massachusetts Petition For Informal Appointment of Successor Personal Representative is a document used when a personal representative passes away or resigns, and the court needs to appoint a successor. This petition serves as a request for the court to appoint a successor personal representative informally, without having to go through the more formal process of formal appointment. The petition must be filled out and signed by all interested parties, including the proposed successor personal representative, and submitted to the court along with the relevant documents. There are two different types of Massachusetts Petition For Informal Appointment of Successor Personal Representative: one for when the original personal representative has passed away, and one for when the original personal representative has resigned.
Massachusetts Petition For Informal Appointment of Successor Personal Representative
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FAQ
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.
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.
In order to challenge a will in an informal probate, you must file the will challenge within one year of the date of filing of the informal probate petition. So a critical first step is to determine the starting date for this one-year period.
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.
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.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.