Section 30B Estate administration process; form - Massachusetts Statutes

[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 41. See 2008, 521, Sec. 44.]

Section 30B. The chief justice of the probate and family court department shall prescribe a form which shall provide all interested persons of an estate with information regarding the estate administration process as well as a description of their rights and ability to enforce such rights under such process. An individual seeking appointment as an executor, administrator, guardian, conservator or trustee of an estate shall provide such form to all ascertained interested persons at the time such individual seeks assent to such appointment. Anyone seeking appointment to such position shall provide proof, in a manner satisfactory to the court, that the form has been provided to all interested parties or that a reasonable effort to so provide such form has been made. Such proof shall be a condition precedent to the appointment of a person as executor, administrator, guardian, conservator or trustee of an estate. The form shall contain such information as the chief justice deems necessary to adequately inform such persons and shall include, but not be limited to, the following information:

(1) the name and address of the petitioner, executor, administrator, guardian, conservator or trustee of the estate;

(2) a statement that the notice is being sent to persons who have or may have some interest in the estate;

(3) a description of the court where papers relating to the estate are on file;

(4) requirements under chapter 195 relating to inventories of estates;

(5) any surety or bond required of the executor or administrator, the potential for waiving such requirement, an interested person’s rights with regard to objecting to the waiver and any rights an interested person has with regard to bringing an action on the bond;

(6) requirements under chapter 206 relating to the rendering of accounts and the settlement and allowance of accounts relative to the estate, including any rights of an interested person and any procedures necessary for an interested person to review or object to the accounts or settlement statements, including any fees paid to the executor or administrator; and

(7) a statement describing the legal consequences including, but not limited to, any rights which may be waived, resulting from the giving of one’s assent or consent during the estate administration process.