Section 13 Appointment of temporary executors; notice - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 12. See 2008, 521, Sec. 44.]

Section 13. The probate court may appoint the executor or executors named in a will, if suitable, if the person is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, temporary executor or executors upon application contained in the petition for probate or made subsequent to the filing thereof, if the testator has requested such appointment, or if said application is assented to in writing by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity. Such appointment may be made without the necessity of any notice if said application is assented to by the widow or husband, if any, of the deceased and by all the heirs at law and next of kin of the deceased of full age and legal capacity; otherwise seven days prior written notice of intent to seek such appointment shall be given to all the heirs at law and next of kin of the decedent. A certificate of counsel that such notice has been given shall be prima facie evidence thereof.