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MASSACHUSETTS STATUTES AND CODES

Section 5 Estate not administered within fifty years

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44.]

Section 5. If administration has not been taken on the estate of a testator or intestate within fifty years after his decease, and any property or claim or right thereto remains undistributed or thereafter accrues to such estate and remains to be administered, original administration may for cause be granted, but it shall affect no other property. Before granting such administration the court shall require the petitioner to furnish evidence of the death of the intestate and such other evidence as the court may require. In the absence of satisfactory evidence of death and of interest on the part of the petitioners, the probate court shall refer the matter to the attorney general, or to any district attorney, who shall investigate and report thereon for the advice and assistance of the court.

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