Massachusetts Uniform Probate Code FAQs

 

ESTATES

Do you expect that the implementation of the MUPC will be delayed again since it was already postponed from July 1, 2011?

No, we expect that the remaining provisions of the MUPC will definitely go into effect in 2012. The Probate Court has been actively engaged in training its staff in anticipation of that date.

How long does it take to get an Executor or Administrator appointed in the ordinary course in Massachusetts?

Six weeks to five months depending on the county.

How soon could a personal representative be appointed informally under the MUPC?

Seven days after the date of death.

What sort of prior notice is required under the present system of probate?

Publication once and mailing at least 14 days before a return date set by the court.

How many other states require publication of notice prior to appointment?

Seven states.

How many states allow appointment without ANY prior notice to interested parties?

25 states.

How many states permit appointment with no publication and 15 day prior notice or less?

39 states.

How many days prior notice would the MUPC require for informal probate?

Seven days.

What sort of information does the MUPC notice contain?

Notice identifies the petitioner, court, that the estate is being administered informally, that inventory and account don't have to be filed and that the recipient may start formal proceedings and ask to restrict the informally appointed PR's powers.

Must a copy of the will be sent with the notice?

No, not under present procedure and not under the MUPC.

After appointment is made is an objecting party prevented from contesting the appointment?

Under the present system, yes. Under the MUPC, not for informal appointments.

Will the MUPC create more work for the Probate Court for administration of estates?

No, for informal probate many fewer citations, returns of service, inventories and accounts will have to be processed by court personnel and judges.

Can anyone still proceed under the present formal system?

Yes, following a similar procedure.

How long must one wait to start a formal proceeding?

No wait. Any subsequent informal proceeding would be prevented and any prior informal proceeding would be stayed.

Will citations and publication and return dates still be required?

For formal appointment, formal accountings, etc., yes.

Under the MUPC must the estate inventory and account be filed for public record?

No, the financial information may be kept private, if the personal representative supplies the information to the interested parties and no one objects.

Will a license to sell real estate still be required if there is no power of sale in a will?

Yes, the current license to sell procedure is retained.

How can an estate be closed if no account is filed?

The personal representative may file a statement that the estate has been administered and that an accounting has been sent to all parties. The estate closes automatically one year later if no objection has been filed.

Can an informal probate be converted to a formal probate to gain the protection of a judgment after notice?

Yes, the personal representative might, for instance, open the estate informally, administer it without supervision and before distribution file a formal accounting asking for a formal judgment after notice concerning the account, testacy, heirs or any other matter.

Is the creditor's claim procedure changed?

No, the current procedure is retained.

TRUSTS

Will trust account procedure change?

Testamentary trust accountings will no longer require Probate Court proceedings for settlement.

Does the MUPC provide any greater protections to trust beneficiaries?

Trustees will be required to notify beneficiaries of accountings and acceptance of appointment.