Section 7 Local fiduciaries; effect on powers of foreign fiduciaries - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 20. See 2008, 521, Sec. 44.]

Section 7. The power of a foreign personal representative under section two or six shall be exercised only if there is no administration or application therefor pending in the commonwealth. An application for local administration of the estate shall terminate the power of the domiciliary foreign personal representative to act under section six, but the probate court may allow the domiciliary foreign personal representative to exercise limited powers to preserve the estate. No person, who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application for, or grant of, local administration. The local personal representative shall be subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in the commonwealth.

The power of a foreign guardian or conservator under section two shall be exercised only if no local guardian or conservator has been appointed and no application therefor is pending in the commonwealth. No person who, before receiving actual notice of such appointment or application, has changed his position in reliance upon the powers of a foreign guardian or conservator shall be prejudiced by reason of the appointment of a local guardian or conservator or an application therefor.