TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
- CHAPTER 190 DESCENT AND DISTRIBUTION OF REAL AND PERSONAL PROPERTY
- Section 1 Spouse’s share of property not disposed of by will
- Section 2 Distribution of personal property
- Section 3 Descent of land, tenements or hereditaments
- Section 4 Computation of degrees of kindred
- Section 5 Rights of persons born out of wedlock
- Section 6 Descent of estates of persons born out of wedlock
- Section 7 Intermarriage of parents of persons born out of wedlock
- Section 8 Inheritance or succession by right of representation; posthumous children
- CHAPTER 190A EFFECT OF APPARENTLY SIMULTANEOUS DEATHS UPON DEVOLUTION AND DISPOSITION OF PROPERTY, INCLUDING PROCEEDS OF INSURANCE
- Section 1 Disposal of property
- Section 2 Simultaneous death of beneficiaries designated to take successively or alternatively
- Section 3 Joint tenants or tenants by entirety
- Section 4 Simultaneous death of insured and beneficiary
- Section 5 Application of chapter
- Section 6 Construction and interpretation
- Section 7 Severability clause
- Section 8 Citation as uniform law
- CHAPTER 190B MASSACHUSETTS UNIFORM PROBATE CODE
- ARTICLE 1 GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT
- ARTICLE II INTESTACY, WILLS AND DONATIVE TRANSFERS
- ARTICLE III PROBATE OF WILLS AND ADMINISTRATION
- ARTICLE IV FOREIGN FIDUCIARIES
- ARTICLE V PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
- ARTICLE VI NONPROBATE TRANSFERS ON DEATH
- ARTICLE VII . TRUST ADMINISTRATION
- CHAPTER 191 WILLS
- Section 1 Persons authorized to make wills; capacity; execution
- Section 1A Rules of construction
- Section 1B Intent of donor; presumption
- Section 2 Competency of witnesses; interest of witness
- Section 3 Subsequent incompetency of witnesses
- Section 4 Law governing
- Section 5 Foreign wills
- Section 6 Nuncupative wills
- Section 7 Exclusive provisions; necessity and effect of probate
- Section 8 Means of revocation
- Section 9 Effect of marriage, divorce or annulment
- Section 10 Deposit with register of probate; receipt; fee
- Section 11 Delivery of wills in custody
- Section 12 Public opening of unclaimed wills
- Section 13 Duty of possessor of will upon death of testator
- Section 14 Retaining or concealing wills; proceedings to obtain will
- Section 15 Filing of waiver; rights upon waiver
- Section 16 Income from personal property; trustees to hold property
- Section 17 Curtesy or dower; rights in lieu of taking under will
- Section 18 Estate conveyed by devise
- Section 19 Estate, right or interest in land acquired after making will
- Section 20 Omitted children
- Section 21 Repealed, 1925, 155, Sec. 2
- Section 22 Death of children or other relation before testator; effect upon devise or legacy; class gifts
- Section 23 Specific devises or bequests subject to security interests
- Section 24 Devise of land in which testator has right of entry
- Section 25 Share of omitted child
- Section 26 Testator’s debts; contribution among devisees or legatees
- Section 27 Contributions to pay debts; intent of testator
- Section 28 Contribution by omitted child
- Section 29 Insolvency of devisee or legatee; liability for contribution
- Section 30 Devise or legacy taken for dower or curtesy
- CHAPTER 191A DISCLAIMER OF CERTAIN PROPERTY INTEREST ACT
- Section 1 Definitions
- Section 2 Interests which may be disclaimed
- Section 3 Time of filing and executing disclaimer
- Section 4 Form and requisites of disclaimer
- Section 5 Filing; acknowledgment; recording; service
- Section 6 Liability for disposition of disclaimed property
- Section 7 Effect of disclaimer
- Section 8 Conditions which bar right to disclaim
- Section 9 Restraints on alienation; right to disclaim unaffected
- Section 10 Applicability of chapter
- CHAPTER 191B UNIFORM STATUTORY WILL ACT
- Section 1 Short title; definitions
- Section 2 Making statutory will
- Section 3 Incorporation by reference
- Section 4 Shares under statutory will
- Section 5 Share of spouse
- Section 6 Trust for spouse and issue
- Section 7 Shares of heirs when no surviving spouse
- Section 8 Trust if child under specified age
- Section 9 Effect of disability at distribution
- Section 10 Powers of appointment
- Section 11 Survival
- Section 12 Appointment of personal representative or trustee
- Section 13 Powers
- Section 14 Bond or surety
- Section 15 Uniformity of application and construction
- CHAPTER 192 PROBATE OF WILLS AND APPOINTMENT OF EXECUTORS
- Section 1 Petition for probate; affidavit of knowledge and belief; certified copy of death certificate
- Section 1A Parties to probate proceedings; attorney general
- Section 1B Guardian ad litem for incompetent surviving spouse
- Section 1C Guardian ad litem for children omitted from wills
- Section 1D Repealed, 1972, 574
- Section 2 Proof of will in uncontested proceedings; waiver of proof
- Section 3 Decree allowing will, compromise, or adjudication of intestacy; conclusiveness; subsequent reversal
- Section 4 Letters testamentary; issuance; qualifications of executor; bond
- Section 5 Executor other than person named in will
- Section 6 Minors named as executors
- Section 7 Judge or register of probate as executor or administrator of estate of wife, children or parents
- Section 8 Death of executor; completion of duties
- Section 9 Hearing on foreign wills
- Section 10 Order allowing foreign will
- Section 11 Granting of letters testamentary on foreign will; settlement of estate
- Section 12 Notification of devisees and legatees
- Section 13 Appointment of temporary executors; notice
- Section 14 Powers and duties of temporary executors or administrators with will annexed
- Section 15 Termination of powers of temporary executors or administrators with will annexed; extension of appointment; discharge
- Section 16 Accounting by temporary executors or administrators with will annexed
- CHAPTER 193 APPOINTMENT OF ADMINISTRATORS [Chapter 193 effective until July 1, 2011. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44.]
- Section 1 Persons entitled to administer intestate’s estate
- Section 2 Next of kin as administrators; consent
- Section 3 Estates liable to income or succession tax; application of commissioner of revenue for administration
- Section 4 Limitations upon time of granting of administration
- Section 5 Estate not administered within fifty years
- Section 6 Revocation of letters of administration by proof of will
- Section 7 Persons entitled to administer with will annexed
- Section 7A Temporary administrators
- Section 8 Administration during minority of named executor
- Section 9 Persons entitled to continue administration
- Section 10 Appointment and discharge of special administrators
- Section 11 Powers and duties of special administrators
- Section 12 Additional powers and duties
- Section 13 Advancements; payment despite appeal
- Section 14 Claims payable by special administrator
- Section 15 Actions by creditors; stay of proceedings pending appointment of executor or administrator; liability
- Section 16 Effect of grant of letters testamentary or of administration
- CHAPTER 194 PUBLIC ADMINISTRATORS
- Section 1 Appointment; number; term
- Section 2 Bond; form; conditions
- Section 3 Repealed, 1931, 305, Sec. 2
- Section 4 Duties
- Section 5 Instances when public administrator should not act
- Section 5A Waiting period before administration
- Section 6 Compensation for services of person taking out citation
- Section 7 Change after grant of letters to public administrator
- Section 8 Death, resignation or removal of public administrator
- Section 9 Powers relating to real property
- Section 10 Unclaimed balance of estate; deposit with treasurer
- Section 11 Annual accounts; failure to deposit remaining money with treasurer on final settlement
- Section 12 Accounting to successor administrator or executor
- Section 13 Administration of pending estates at expiration of administrator’s term
- Section 14, 15 Repealed, 1990, 506, Sec. 3
- Section 16 Action by district attorney to insure prompt and faithful administration
- Section 17 Estates of less than $700
- Section 18 Exemption from responsibility of estates of less than $700
- CHAPTER 195 GENERAL PROVISIONS RELATIVE TO EXECUTORS AND ADMINISTRATORS
- Section 1 to 4 Repealed, 1933, 221, Sec. 1
- Section 5 Inventory
- Section 5A Powers of executor or administrator
- Section 6 Appraisal of property
- Section 7 Continuation of business of deceased
- Section 8 Nonresident executor or administrator; appointment of agent for service of process
- Section 9 Appointment of new agent
- Section 10 Failure to appoint agent as cause for removal
- Section 11 Removal of executor or administrator; replacement
- Section 12 Removal of executor or administrator; validity of previous acts
- Section 13 Resignation of executor or administrator
- Section 14 Intermeddling with personal property of deceased; executor in his own wrong
- Section 15 Liability of executor in his own wrong
- Section 16 Voluntary informal administration of small estates
- Section 16A Administration of small estates where executor named in will; voluntary executors
- Section 17 Liability of executor or administrator
- CHAPTER 196 ALLOWANCES TO WIDOWS AND CHILDREN, AND ADVANCEMENTS
- Section 1 Apparel and ornaments; rent-free possession of house
- Section 2 Necessaries
- Section 3 Advancements made by intestate during lifetime
- Section 4 Advancements; value of real property
- Section 5 Gifts or grants considered as advancements
- Section 6 Determination of value of advancement
- Section 7 Death of recipient of advancement before intestate
- Section 8 Jurisdiction to hear questions relating to advancements
- Section 9 Change of registration of securities
- CHAPTER 197 PAYMENT OF DEBTS, LEGACIES AND DISTRIBUTIVE SHARES
- Section 1 Executor or administrator, defined
- Section 2 Time of payment
- Section 2A Repealed, 1989, 329, Sec. 4
- Section 3 Payment; defense against further claims
- Section 4 New claims; insufficient assets; payment
- Section 5 Preferred claims; payment; actions by unsecured creditors
- Section 6 Debts due executors or administrators; settlement; arbitration
- Section 7 Debts due executors or administrators; settlement by court
- Section 8 Joint liability of deceased
- Section 9 Commencement of action; service of process; action against trustee; recovery of medical assistance payments
- Section 9A Actions for personal injuries or death; limitations; satisfaction of judgment restricted
- Section 10 Barred claims; procedure
- Section 11 New assets; effect on unsatisfied creditors; extension of time
- Section 12 Defective actions; extension of time
- Section 13 Unliquidated claims; presentment for payment
- Section 14 Unliquidated claims; conclusiveness of judgment
- Section 15 Unliquidated claims; actions
- Section 16 Unliquidated claims; pleadings
- Section 17 Repealed, 1989, 329, Sec. 8
- Section 18 Repealed, 1989, 329, Sec. 9
- Section 19 Legacies; actions to recover
- Section 20 Interest; rates; time payable
- Section 21 Payment of certain legacies; indemnity for repayment
- Section 22 Partial distribution
- Section 23 Class legacies
- Section 24 Distributive shares, enforcement of payment
- Section 25 Debts due estate; set-off against legacies
- Section 25A Lifetime gifts as satisfaction of legacy
- Section 26 Annuities, etc.; commencement of use or payment
- Section 27 Repealed, 2005, 129, Sec. 1
- Section 28 General provisions
- Section 29 Recovery against heirs; exemption through will
- Section 30 Death of heir, next of kin, devisee or legatee; effect
- Section 31 Suit in equity; liability of several heirs
- Section 32 Improper parties defendants; effect
- Section 33 Insolvency of person liable for debt; effect
- Section 34 Nonpayment by one heir; rights of others
- CHAPTER 198 INSOLVENT ESTATES OF DECEASED PERSONS
- Section 1 Order of payment of debts
- Section 2 Commissioners; appointment
- Section 3 Commissioners; duties
- Section 4 Claims; examination by court
- Section 5 Creditors; notice
- Section 6 Commissioners; vacancies
- Section 7 Claimants; answers under oath
- Section 7A Voidable preferences; surrender; effect
- Section 8 Examination by court
- Section 9 Limitations on time
- Section 10 Barred claims; new assets; effect
- Section 10A Preference defined
- Section 10B Voidable preferences; action by executor
- Section 10C Voidable preferences; set-off by creditor
- Section 11 Appeal from allowance or disallowance of claim
- Section 12 Time for appeal
- Section 13 Proceedings upon entry of appeal
- Section 14 Waiver of appeal; submission to arbitration
- Section 15 Costs of appeal allowed to prevailing party
- Section 16 Late entry of appeal; effect
- Section 17 Payment of debts proved upon late appeal
- Section 18 Proved claims; distribution of assets
- Section 19 Dividends; payment
- Section 20 Proved claims; further distribution
- Section 21 Deceased partner; claims for dividends
- Section 22 Enforcement of claim
- Section 23 Allowed claims; sufficiency of assets; payment of other claims
- Section 24 Additional claims; procedure
- Section 25 Unclaimed dividends; disposition
- Section 26 Unclaimed dividends; claims by executor of deceased creditor
- Section 27 Executor; removal for neglect to account
- Section 28 Funds; setting aside for payment of contingent creditors
- Section 29 Proof of contingent claims
- Section 30 Dividend upon allowance of contingent claim
- Section 31 Actions against executor or administrator after estate represented insolvent
- Section 32 Commencement of action
- Section 33 Judgments; entry; effect
- CHAPTER 199 SETTLEMENT OF ESTATES OF DECEASED NON-RESIDENTS
- CHAPTER 199A GENERAL PROVISIONS REGARDING CERTAIN FOREIGN FIDUCIARIES
- Section 1 Definitions
- Section 2 Payment or delivery of property to foreign fiduciaries
- Section 3 Release of debtors or persons possessing property
- Section 4 Notice by resident creditors
- Section 5 Filing by domiciliary foreign personal representatives
- Section 6 Powers of domiciliary foreign personal representatives
- Section 7 Local fiduciaries; effect on powers of foreign fiduciaries
- Section 8 Jurisdiction over foreign fiduciaries
- Section 9 Additional jurisdiction over foreign personal representatives
- Section 10 Proceedings to determine property rights; representation by foreign fiduciaries
- Section 11 Service of process; appearance
- Section 12 Conclusiveness of judgments
- Section 13 Probate court jurisdiction
- CHAPTER 200 SETTLEMENT OF ESTATES OF ABSENTEES
- Section 1 Receiver; petition for appointment
- Section 2 Notice to show cause
- Section 3 Return of notice; publication
- Section 4 Fees and costs
- Section 5 Receiver; appointment; bond
- Section 6 Possession of property by receiver
- Section 7 Receiver; power to hold additional property; debts
- Section 8 Intangible property
- Section 9 Property; management and sale
- Section 10 Surviving spouse and children; allowance
- Section 11 Repealed, 1980, 178, Sec. 2
- Section 12 Receiver; compensation; accounting; limitation on actions
- Section 13 Distribution of property; procedure; tax
- Section 14 Repealed, 1941, 399, Sec. 2
- CHAPTER 200A ABANDONED PROPERTY
- Section 1 Definitions
- Section 1A Intangible personal property; presumption of abandonment
- Section 2 Property; presumption of abandonment
- Section 3 Property on deposit; presumption of abandonment
- Section 3A Automatically renewable abandonment periods
- Section 4 Property deposited as security; presumption of abandonment
- Section 5 Dividends, stock, bonds, etc.; presumption of abandonment
- Section 5A Insurance proceeds; presumption of abandonment
- Section 5B Dividends, etc. of business associations; presumption of abandonment
- Section 5C Employee benefit trust distributions; presumption of abandonment
- Section 5D Gift certificates; validity; expiration; redemption
- Section 6 Money paid into court; presumption of abandonment
- Section 6A Property distributable upon dissolution or liquidation; presumption of abandonment
- Section 6B Traveler’s checks and other written instruments; presumption of abandonment
- Section 6C Traveler’s checks and other written instruments; records; penalty
- Section 6D Property payable in course of demutualization; presumption of abandonment
- Section 6E Mineral proceeds; abandonment
- Section 7 Report; form; contents
- Section 7A Notice to property owner at last known address
- Section 7B Property owner’s last known address; record
- Section 8 Notice of certain unclaimed property; publication; form
- Section 8A Delivery or payment of abandoned property to state treasurer
- Section 8B Recovery of property by another state
- Section 9 Property surrendered to treasurer; liquidation; funds
- Section 9A City or town checks not cashed; notice; claims; disposition
- Section 10 Property surrendered to treasurer; claims; hearings; appeals
- Section 10A Dividends, interest, etc.; credit to owner’s account
- Section 11 Actions by or in another state to reclaim property; costs; information
- Section 12 Treasurer; examination of books and records; reporting violations; penalty; costs; interest; limitation period for examinations; appeal of audit findings; written petition for review
- Section 13 Agreements to recover property
- Section 13A Rules and regulations
- Section 13B Extensions for filing reports of abandoned property
- Section 14 Construction
- Section 15 Insufficient funds; payment of expenses incurred in anticipation of revenues to be received during fiscal year
- Section 15A Delivery or payment of abandoned property as release and discharge
- Section 15B Duplicate certificates of ownership; holders of interests under Sec. 5B
- Section 15C Charges and cessation of interest on abandoned property
- Section 15D Good faith delivery to treasurer; defense and indemnification by commonwealth
- Section 16 Inconsistent provisions; repeal
- Section 17 Severability
- CHAPTER 201 GUARDIANS AND CONSERVATORS
- Section 1 Jurisdiction of probate, district or juvenile court; power over appointments
- Section 2 Guardians of minors; appointment
- Section 2A Application of general guardianship statutes to standby or emergency guardianship proxies
- Section 2B Designation of standby or emergency guardianship proxy
- Section 2C Appointment of proxy or successor proxy of a minor; affidavit
- Section 2D Commencement of authority of proxy of a minor; duration
- Section 2E Revocation of proxy designation
- Section 2F Withdrawal of consent to proxy
- Section 2G Appointment of emergency proxy
- Section 2H Authority of emergency proxy; duration of appointment
- Section 3 Testamentary guardian of a minor
- Section 4 Powers of guardian of a minor
- Section 5 Custody and education of minor; marriage; effect
- Section 6 Mentally ill persons; appointment of guardians; commitment; treatment with antipsychotic medication
- Section 6A Mentally retarded persons; appointment of guardians; commitment; treatment with antipsychotic medication
- Section 6B Persons unable to make or communicate informed decisions; appointment of guardians
- Section 7 Notice of hearing on appointment of guardian for mentally ill or mentally retarded person
- Section 8 Spendthrifts; petition for appointment of guardian
- Section 9 Notice of hearing on appointment of guardian for spendthrift
- Section 10 Spendthrifts; petition to appoint guardian; recording; effect on contracts
- Section 11 Spendthrifts; transfer of certain property to spouse
- Section 12 Powers of guardian of mentally ill or mentally retarded person or spendthrift; bond
- Section 13 Termination of guardianship
- Section 13A Mentally ill and mentally retarded persons; removal of guardian; petition
- Section 14 Appointment of temporary guardians; removal; commitment of minors, mentally ill, etc.; treatment with antipsychotic medication
- Section 15 Powers and duties of temporary guardians
- Section 16 Appointment of conservator
- Section 16A Conservator for military persons M.I.A. or P.O.W.; appointment
- Section 16B Conservator for mentally retarded persons; appointment
- Section 17 Notice of hearing on appointment of conservator
- Section 18 Discharge of conservator
- Section 19 Bond of conservator appointed pursuant to Sec. 16 or Sec. 16A
- Section 20 Powers of conservator
- Section 21 Temporary conservator; appointment; removal; discharge
- Section 22 Allowance for defense
- Section 23 Repealed, 1978, 381, Sec. 3
- Section 24 Guardian of married person; care, custody or education of ward
- Section 25 Married person; application of property for support; leave of court
- Section 26 Incompetency of married woman to release homestead; appointment of guardian
- Section 27 Appointment of guardian or conservator for non-resident
- Section 28 Powers and duties of guardian or conservator for non-resident
- Section 29 Bond of guardian or conservator of non-resident
- Section 30 Claims against ward’s estate; rights of nonresident guardian and ward; procedure
- Section 31 Ward; removal from state; transfer of property to foreign guardian
- Section 32 Repealed, 1970, 120, Sec. 3
- Section 33 Removal; vacancy; filing; resignation; successor; appointment
- Section 34 Appointment of guardian ad litem or next friend; effect
- Section 35 Expenses of guardian ad litem or next friend
- Section 36 Power of court to appoint guardian or next friend
- Section 37 Payment of debts; representation of ward in suits; liabilities
- Section 38 Management of estate; support of ward and family; custody of wills; estate plan
- Section 38A Guardian or conservator; payment of funeral expenses of deceased member of ward’s family
- Section 39 Partition
- Section 39A Funeral expenses of parents; payment from minor’s estate; limitations
- Section 40 Minor child; support by parents
- Section 41 Minor’s property; application for his support
- Section 42 Mentally ill or mentally retarded ward; support of children
- Section 43 Mentally ill or mentally retarded ward; support
- Section 43A Mentally ill and mentally retarded ward; support of dependent parents
- Section 44 Interests in realty; purchase or release
- Section 45 Election; waiver; exercise of power
- Section 46 Appraisal of estate
- Section 47 Personalty of ward; sale
- Section 47A Investment of funds; life insurance; endowment or annuity contracts
- Section 48 Embezzled property of ward; recovery
- Section 48A Burial expenses of wards; deposit; payment
- Section 49 Laws applicable
- Section 50 Repealed, 1981, 276, Sec. 1
- Section 51 Religious freedom of ward
- CHAPTER 201A UNIFORM TRANSFERS TO MINORS ACT
- Section 1 Definitions
- Section 2 Scope and Jurisdiction
- Section 3 Nomination of Custodian
- Section 4 Transfer by Gift or Exercise of Power of Appointment
- Section 5 Transfer Authorized by Will or Trust
- Section 6 Other Transfer by Fiduciary
- Section 7 Transfer by Obligor
- Section 8 Receipt for Custodial Property
- Section 9 Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control
- Section 10 Single Custodianship
- Section 11 Validity and Effect of Transfer
- Section 12 Care of Custodial Property
- Section 13 Powers of Custodian
- Section 14 Use of Custodial Property
- Section 15 Custodian’s Expenses, Compensation, and Bond
- Section 16 Exemption of Third Person From Liability
- Section 17 Liability to Third Persons
- Section 18 Renunciation, Resignation, Death, or Removal of Custodian; Designation of Successor Custodian
- Section 19 Accounting by and Determination of Liability of Custodian
- Section 20 Termination of Custodianship
- Section 21 Applicability
- Section 22 Effect on Existing Custodianships
- Section 23 Uniformity of Application and Construction
- Section 24 Short title
- CHAPTER 201B UNIFORM DURABLE POWER OF ATTORNEY ACT
- Section 1 Durable power of attorney; definition
- Section 2 Effect of acts pursuant to durable power of attorney
- Section 3 Court appointed conservator, guardian of the estate, etc.; powers; nomination by principal
- Section 4 Death, disability or incapacity of principal; acts of attorney without actual knowledge
- Section 5 Good faith reliance; knowledge of termination of power
- Section 6 Application and construction
- Section 7 Short title
- CHAPTER 201C STATUTORY CUSTODIANSHIP TRUSTS
- CHAPTER 201D HEALTH CARE PROXIES
- Section 1 Definitions
- Section 2 Appointment of health care agents; execution of proxy; alternate agents
- Section 3 Eligibility to serve as agent
- Section 4 Contents of proxy
- Section 5 Authority of agent
- Section 6 Incapacity of patient; regained capacity
- Section 7 Revocation of proxy
- Section 8 Liability of health care providers and agents
- Section 9 Liability for health care costs
- Section 10 Coercion; execution of proxy
- Section 11 Foreign proxies; enforceability
- Section 12 Suicide or mercy killing
- Section 13 Pain alleviation; comfort care procedures
- Section 14 Physicians; refusal to honor proxy
- Section 15 Private facilities; refusal to honor proxy
- Section 16 Lack of proxy; effect
- Section 17 Disputes; court proceedings
- CHAPTER 201E UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT
- Section 101 Construction and application of chapter
- Section 102 Definitions
- Section 103 Registration of security in beneficiary form
- Section 104 Authorization for registration in beneficiary form
- Section 105 Designation of beneficiary
- Section 106 Words showing registration of security in beneficiary form
- Section 107 Cancellation of registration of security in beneficiary form
- Section 201 Rights of survivor beneficiaries
- Section 301 Registering entities
- Section 302 Transfer on death
- Section 401 Registering entity’s terms and conditions for receiving requests for registrations in beneficiary form
- Section 402 Rights of creditors
- CHAPTER 201F CAREGIVER AUTHORIZATION AFFIDAVITS
- Section 1 Definitions
- Section 2 Caregiver authorization to exercise parental rights and responsibilities; education and health care
- Section 3 Caregiver rights and responsibilities
- Section 4 Reliance on caregiver authorization affidavit; liability
- Section 5 Content of affidavit
- Section 6 Form of affidavit
- CHAPTER 202 SALES, MORTGAGES AND LEASES OF REAL ESTATE BY EXECUTORS, ADMINISTRATORS, GUARDIANS AND CONSERVATORS
- Section 1 Realty; sale to satisfy debts
- Section 2 Realty subject to sale
- Section 3 Realty subject to curtesy or dower; sale; proceeds
- Section 4 Undevised realty; priority of disposition
- Section 4A Rents and profits; payment of debts; limitations
- Section 5 Realty of ward; sale
- Section 6 Grant of license
- Section 7 Petition; contents
- Section 8 Realty; detrimental effect of partial sale; disposition of whole estate
- Section 9 Marshaling assets; testamentary provisions
- Section 10 Notice of petition; service
- Section 11 Notice of petition; interested persons
- Section 12 License to guardian of spendthrift or person incapacitated by reason of mental illness; notice
- Section 13 Bond; posting by interested party to satisfy debts; effect
- Section 14 Public or private sale of realty
- Section 15 Notice of sale by auction
- Section 16 Affidavits; evidence of notice
- Section 17 Adjournment of sale
- Section 18 Fraudulent conveyances; recovery
- Section 19 Distribution; sale of realty; procedure
- Section 20 Sale of realty for payment of debts; limitation of time
- Section 20A Estate expenses; execution on conveyed property; limitation of time
- Section 21 Purpose and nature of sale
- Section 22 Petition and license; form
- Section 23 Maintenance; disposition of proceeds of sale
- Section 24 Investment; disposition of proceeds of sale
- Section 25 Property of minors; persons authorized to sell
- Section 26 Property of minors; disposition of proceeds of sale
- Section 27 Transfer of proceeds to foreign executor
- Section 28 Executor or administrator; authority to mortgage
- Section 29 Guardian or conservator; authority to mortgage
- Section 30 Petition and decree; form
- Section 31 Realty of ward
- Section 32 Foreign executor; license to sell realty
- Section 33 Foreign guardian or conservator; license to sell realty of ward
- Section 34 Bond; sufficiency; filing
- Section 35 Proceedings; notice
- Section 36 Tenants by entirety; joinder in sale, mortgage or lease of realty
- Section 37 Decree upon petition for leave to sell property; scope
- Section 38 Presumptions; highest possible price
- CHAPTER 203 TRUSTS
- Section 1 Trusts in realty; necessity of writing
- Section 2 Record of trust; notice
- Section 3 Purchasers without notice
- Section 3A Trusts for benefit of employees; rule against perpetuities
- Section 3B Testamentary additions to trusts
- Section 4 Testamentary trustee; appointment
- Section 4A Definitions applicable to this section and Sec. 4B
- Section 4B Fiduciaries; disclosure statements; contents
- Section 5 Vacancies; filling; court appointed trustee
- Section 6 New trustee; posting of bond; effect; powers
- Section 7 Court appointed trustees; bonds
- Section 8 Successor trustees; inventory; bond conditions
- Section 9 Appraisal
- Section 10 Foreign trustees; necessity of letters
- Section 11 Foreign trustee; notice
- Section 12 Removal of trustee; successor; appointment
- Section 13 Resignation of trustee
- Section 14 Fiduciary of former trustee
- Section 14A Liabilities of trustees
- Section 14B Securities held by fiduciaries; powers of fiduciaries; records and certification
- Section 15 Laws applicable
- Section 16 Order of sale; application; approval by court
- Section 17 Order of sale; persons not ascertained; notice; effect
- Section 17A Foreign testamentary trustees; sale of realty
- Section 18 Property held by minors or persons not amenable to process; sale or conveyance
- Section 19 Trustee; power to sell personalty
- Section 20 Receipts of trustees; sufficiency
- Section 21 Corporations or associations; shares subject to trust; duties; knowledge of breach of trust
- Section 21A to 22 Repealed by 2005, 129, Sec. 2
- Section 23 Court’s authorization
- Section 24 Petition and decree; form
- Section 24A, 24B Repealed, 2005, 129, Sec. 3
- Section 25 Orders to convert and distribute estates; consolidation of petitions to terminate charitable trusts; consolidation or termination and distribution of trust property
- Section 25A Investment of funds
- Section 26 Definition of absentee
- Section 27 Transfer of trust estate; petition
- Section 28 Notice
- Section 29 Return day and service
- Section 30 Appearance; answer
- Section 31 Guardian ad litem; appointment
- Section 32 Findings of facts; power of court to order transfer or sale
- Section 33 New trustee; bond
- Section 34 New trustee; liability and powers
- Section 35 New trustee; limitation on actions
- Section 36 Trust estates; distribution to known beneficiaries; shares of absentees
- Section 37 Venue
- Section 38 Income of certain persons; power of court to decree
- Section 39 Sections applicable
- Section 40 Validity of certain acts of trustees; insolvency proceedings
- Section 41 Validity of certain acts of trustees; requirements; fees; statement of trustee
- Section 42 Termination of trust
- CHAPTER 203A UNIFORM COMMON TRUST FUND ACT
- CHAPTER 203B UNIFORM CUSTODIAL TRUST ACT
- Section 1 Definitions
- Section 2 Creation; termination; augmentation of trust property; designation of successor trustee
- Section 3 Designation as substitute or successor custodial trustees
- Section 4 Custodial trustee’s acceptance
- Section 5 Transfer of trust property for use and benefit of incapacitated individual
- Section 6 Multiple beneficiaries; right of survivorship
- Section 7 Vesting title; management of trust property; duties
- Section 8 Trustee’s rights and powers over trust property
- Section 9 Payments to beneficiaries
- Section 10 Administration of trust for incapacitated beneficiary; determination of incapacity
- Section 11 Third person dealing with one purporting to act as trustee
- Section 12 Claims against trust property; trustee, beneficiary liability
- Section 13 Trustee declining to serve; resignation; petition for removal
- Section 14 Expenses; bond
- Section 15 Written statement of property and administration; petition for accounting
- Section 16 Claims for relief; time limitations
- Section 17 Termination of trust; order of distribution
- Section 18 Transfer of property to create trust
- Section 19 Applicable law; place of transfer
- CHAPTER 203C PRUDENT INVESTMENT
- Section 1 Citation
- Section 2 Trustees managing trust assets; duty to comply with prudent investor rule
- Section 3 Investment and management decisions
- Section 4 Diversification
- Section 5 Review of assets
- Section 6 Beneficiaries’ interests
- Section 7 Two or more beneficiaries
- Section 8 Costs incurred
- Section 9 Determination of compliance with prudent investor rule
- Section 10 Delegation of investment and management functions
- Section 11 Trust provisions; terms
- CHAPTER 203D PRINCIPAL AND INCOME
- Section 1 Short title
- Section 2 Definitions
- Section 3 Fiduciary duties; general principles
- Section 4 Trustee’s power to adjust
- Section 5 Judicial control of discretionary powers
- Section 6 Determination and distribution of net income
- Section 7 Distribution to residuary and remainder beneficiaries
- Section 8 When right to income begins and ends
- Section 8A Apportionment of receipts and disbursements when decedent dies or income interest begins
- Section 9 Apportionment when income interest ends
- Section 10 Character of receipts
- Section 11 Distribution from trust or estate
- Section 12 Business and other activities conducted by trustee
- Section 13 Principal receipts
- Section 14 Rental property
- Section 15 Obligation to pay money
- Section 16 Insurance policies and similar contracts
- Section 17 Insubstantial allocations not required
- Section 18 Deferred compensation, annuities and similar payments
- Section 19 Liquidating asset
- Section 20 Minerals, water, and other natural resources
- Section 21 Timber
- Section 22 Property not productive of income
- Section 23 Derivatives and options
- Section 24 Asset-backed securities
- Section 25 Disbursements from income
- Section 26 Disbursements from principal
- Section 27 Transfers from income to principal for depreciation
- Section 28 Transfers from income to reimburse principal
- Section 29 Income taxes
- CHAPTER 204 GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC.
- Section 1 Specific performance of decedent’s land contracts
- Section 2 Consent of a deceased person; power of court to decree conveyance
- Section 3 Foreign fiduciaries; license to receive and dispose of personalty
- Section 3A Power of Massachusetts fiduciary to transfer personal property to foreign fiduciaries; petition; proceedings; decree; exoneration of Massachusetts fiduciary
- Section 4 Vested or contingent interests; power of fiduciaries to release
- Section 5 Cemetery lots; sale or release
- Section 6 Mortgage given under license of court; contents
- Section 7 Petitions for sales by foreign fiduciaries; venue
- Section 8 License to sell; duration
- Section 9 Proceeds of sales; surplus; disposition
- Section 10 Grant of license; objections; costs
- Section 11 Persons licensed to sell realty; examination
- Section 12 Church, etc., property; sale or transfer
- Section 13 Court authorization
- Section 14 Controversies; arbitration or compromise by fiduciaries
- Section 15 Compromise of wills
- Section 16 Contingent interests; protection
- Section 17 Effect of compromise
- Section 18 Wards; representation by guardians
- Section 19 Irregularities in proceedings; effect
- Section 20 Adverse claims to title
- Section 21 Debts; adjudication; finality
- Section 22 Realty sold by fiduciaries; limitation of action or entry
- Section 23 Void acts of fiduciaries; confirmation or setting aside
- Section 24 Doubtful acts or proceedings of fiduciaries or court; ratification
- Section 25 Irregularly appointed fiduciary; liability to account
- Section 26 Notice of sale; failure of proof; remedy
- Section 27 Release; powers
- Section 28 Method of release
- Section 29 Effect and scope of release
- Section 30 Exercise of power by several persons; release by one; effect
- Section 31 Release; definition
- Section 32 Restraint of alienation or anticipation provisions
- Section 33 Construction
- Section 34 Repealed, 1975, 573, Sec. 3
- Section 35 Release or disclaimer; construction
- Section 36 Severability
- Section 37 Resignation of guardian on behalf of ward
- CHAPTER 205 BONDS OF EXECUTORS, ADMINISTRATORS, GUARDIANS, CONSERVATORS, TRUSTEES AND RECEIVERS
- Section 1 Bonds; form; necessity
- Section 2 French spoliation cases; form of bonds
- Section 3 Executor or administrator as residuary legatee; bond
- Section 4 Executor or administrator
- Section 4A Temporary executor or administrator
- Section 5 Guardians and trustees
- Section 6 Guardian having custody of minor
- Section 6A Surety not required on bonds filed by national banks
- Section 7 Bonds in certain cases; necessity
- Section 7A Statutory forms; substitution; enforcement of conditions
- Section 8 Neglect to give bond; resignation
- Section 9 Sureties on bonds; requirements
- Section 10 Approval by judge or register
- Section 11 Joint fiduciaries; joint or separate bonds
- Section 12 Joint executors; failure to give bond; effect
- Section 13 Fiduciary; license to sell or mortgage realty; additional bond
- Section 14 Insufficiency of sureties; new bond
- Section 15 Discharge of sureties; new bond
- Section 16 Failure to give new bond; effect
- Section 17 Sureties on prior bond; liability
- Section 18 Penal sum of bond; reduction
- Section 19 Woman fiduciary; effect of marriage
- Section 19A Joint control of trust estates; agreements between fiduciaries and sureties; authorization
- Section 20 Creditors
- Section 21 Creditors; amount due ascertained by decree of distribution
- Section 22 Next of kin
- Section 23 Person aggrieved by maladministration of fiduciary
- Section 24 Judge as obligor
- Section 25 Wife of probate judge
- Section 26 Endorsement of writ
- Section 27 Obligor; summoning
- Section 28 Obligor; failure to appear; effect
- Section 29 Guardians; conservators; trustees or other fiduciary
- Section 30 Venue
- Section 31 Form of execution
- Section 32 Execution for use of particular person; procedure
- Section 33 Execution for undesignated persons; procedure
- Section 34 New breach; effect
- Section 35 Bond of guardian or conservator; limitation of action against sureties
- CHAPTER 206 ACCOUNTS AND SETTLEMENTS OF EXECUTORS, ADMINISTRATORS, GUARDIANS, CONSERVATORS, TRUSTEES AND RECEIVERS
- Section 1 Accounts; rendering; time
- Section 2 Forms of accounts
- Section 3 Examination on oath
- Section 4 Securities and moneys; requirement of production
- Section 5 Property; accounting; profits or losses
- Section 6 Property subject to accountings
- Section 7 Account of guardian or conservator of mentally ill or mentally retarded person; allowance; condition precedent
- Section 8 Income from realty; accounting; manner
- Section 9 Mortgaged realty; manner of accounting; right of entry
- Section 10 Mortgaged realty; redemption; release
- Section 11 Realty taken by executor or administrator on execution; personal assets
- Section 12 Realty held in mortgage or on execution; manner of sale
- Section 13 Realty held in mortgage or on execution; disposition
- Section 14 Burial lot and monument; allowance
- Section 15 Perpetual care; costs
- Section 16 Fiduciaries; compensation and expenses
- Section 17 Expense of procuring surety chargeable on estate
- Section 18 Executor or administrator; liability to account
- Section 19 Repealed, 1938, 154, Sec. 2
- Section 20 Joint fiduciaries; allowance of account
- Section 21 Distribution
- Section 22 Final discharge
- Section 23 Repealed, 1938, 154, Sec. 2
- Section 23A Accounts; issuance of citations
- Section 24 Allowance of accounts; final determination
- Section 25 Unclaimed money; presumption of abandonment; remittance; minors
- Section 26 Legatees’ residence unknown; deposit of legacies
- Section 27 Deposit of certain funds
- Section 27A Disposition of certain legacies or distributive shares
- Section 27B Legatees or distributees residing in foreign countries; procedure
- Section 28 Final disposition of deposits
- Section 29 Non-resident beneficiaries; payment of trust fund to foreign trustee
- Section 30 Contingent interest; representation
- Section 31 Settlement by receivers