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  • PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  • TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  • CHAPTER 190B MASSACHUSETTS UNIFORM PROBATE CODE
  • ARTICLE III PROBATE OF WILLS AND ADMINISTRATION
  • Section 3-307 Informal appointment proceedings; delay in order; duty of magistrate; effect of appointment

Section 3-307. [Informal Appointment Proceedings; Delay in Order; Duty of Magistrate; Effect of Appointment.]

(a) Upon receipt of a petition for informal appointment of a personal representative other than a special personal representative as provided in section 3-614, if at least 7 days have elapsed since the decedent’s death, the court or a magistrate, after making the findings required by section 3-308, shall appoint the petitioner subject to qualification and acceptance; provided, that if the decedent was a non-resident, the court or a magistrate shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent’s domicile is the petitioner, or unless the decedent’s will directs that the decedent’s estate be subject to the laws of the commonwealth.

(b) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in sections 3-608 through 3-612, but is not subject to retroactive vacation.