Section 3-308 Informal appointment proceedings; proof and findings required - Massachusetts Statutes

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]

Section 3-308. [Informal Appointment Proceedings; Proof and Findings Required.]

(a) In informal appointment proceedings, the court or a magistrate shall determine whether:

(1) the petition for informal appointment of a personal representative is complete;

(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner’s knowledge and belief;

(3) the petitioner appears from the petition to be an interested person as defined in section 1-201(24);

(4) on the basis of the statements in the petition, venue is proper;

(5) any will to which the requested appointment relates has been formally or informally probated; but this requirement shall not apply to the appointment of a special personal representative;

(6) any notice required by section 3-306 has been given; and

(7) from the statements in the petition, the person whose appointment is sought has priority entitling that person to the appointment;

(8) on the basis of the statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if any are incapacitated persons or minors they are represented by guardians or conservators; and

(9) a death certificate issued by a public officer is in the court’s possession.

(b) Unless section 3-612 controls, the petition shall be denied if it indicates that: a personal representative who has not filed a written statement of resignation has been appointed in this or another county of the commonwealth; unless the petitioner is the domiciliary personal representative or the domiciliary representative’s nominee, the decedent was not domiciled in the commonwealth; and a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met.