• US Legal Forms

Massachusetts Petition For Informal Appointment of Successor Personal Representative

State:
Massachusetts
Control #:
MA-SKU-0682
Format:
PDF
Instant download
This website is not affiliated with any governmental entity
Public form

Description

Petition For Informal Appointment of Successor Personal Representative

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.

How to fill out Massachusetts Petition For Informal Appointment Of Successor Personal Representative?

Managing official paperwork demands focus, accuracy, and the utilization of well-structured templates.

US Legal Forms has been assisting individuals nationwide in achieving this for 25 years, so when you select your Massachusetts Petition For Informal Appointment of Successor Personal Representative template from our platform, you can be assured it adheres to federal and state regulations.

All documents are designed for multiple uses, like the Massachusetts Petition For Informal Appointment of Successor Personal Representative displayed on this page. If you require them again in the future, you can complete them without additional payment - simply visit the My documents tab in your profile and finalize your document whenever necessary. Try US Legal Forms and create your business and personal documents swiftly and in full legal adherence!

  1. Ensure you thoroughly review the form's content and its alignment with general and legal standards by previewing it or examining its description.
  2. Search for an alternate official template if the one you previously accessed does not fit your needs or comply with state laws (the option for that is located in the top page corner).
  3. Log in to your account and download the Massachusetts Petition For Informal Appointment of Successor Personal Representative in your preferred format. If this is your first time using our website, click Buy now to proceed.
  4. Create an account, select your subscription plan, and complete the payment with your credit card or PayPal account.
  5. Select the format in which you want to acquire your form and click Download. Print the form or upload it to a professional PDF editor to prepare it digitally.

Form popularity

FAQ

To petition the court as a personal representative, you need to file a Massachusetts Petition For Informal Appointment of Successor Personal Representative. This document requires you to provide details about the deceased, their estate, and your relationship to them. Utilizing platforms like US Legal Forms can simplify this process, offering templates and guidance for accurate completion of your petition.

The priority for appointment as a personal representative in Massachusetts follows a specific hierarchy defined by state laws. Executors noted in a will hold the highest priority, followed by relatives of the deceased, such as spouses, children, and siblings. If all designated individuals decline or are unable to serve, the court will appoint someone based on the estate's best interests. Filing a Massachusetts Petition For Informal Appointment of Successor Personal Representative can streamline this appointment.

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.

Trusted and secure by over 3 million people of the world’s leading companies

Massachusetts Petition For Informal Appointment of Successor Personal Representative