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Massachusetts Statement of Resignation of Personal Representative

State:
Massachusetts
Control #:
MA-SKU-0692
Format:
PDF
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Description

Resignation of Fiduciary

A Massachusetts Statement of Resignation of Personal Representative is a legal document that is filed when a Personal Representative (also known as an Executor or Administrator) of an estate in Massachusetts wishes to resign from their position. The document must be filed with the Probate and Family Court in the county where the estate is being administered. It must include the name of the Personal Representative, the name of the estate, the address of the court, the date of the filing, and a signature from the resigning Personal Representative. There are two types of Massachusetts Statement of Resignation of Personal Representative: Voluntary Resignation and Involuntary Resignation. Voluntary Resignation is when the Personal Representative voluntarily resigns from their position, while Involuntary Resignation is when the Personal Representative is removed from their position by either the court or the heirs of the estate.

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FAQ

In some states, executor fees are a certain percentage of the probate estate, but in Massachusetts the executor is entitled to ?reasonable compensation.? The fees can also be subject to approval by the probate court.

An itemized list of the estate's assets. Any funds or property received by the estate during its administration. All expenses paid by the estate, including payment to the Executor, funeral expenses, taxes, debts, etc. Any distributions to beneficiaries, already made and planned.

Below are 4 options for closing down an estate in Massachusetts. Option 1 ? Not filing Anything.Option 2 ? Filing a Small Estate Closing Statement.Option 3 ? Filing a Closing Statement.Option 4 ? Petition for Complete Settlement of Estate.

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.

A personal representative may resign by filing a written statement of resignation with the Register after giving at least 15 days written notice to all interested persons of intention to resign.

If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.

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.

If you are unmarried with children, all of your estate will pass to your children in equal portions. If you are unmarried without children, your estate will pass to your parents in equal portions. If you have no surviving parent at the time of death, your assets will be divided among your siblings in equal portions.

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Massachusetts Statement of Resignation of Personal Representative