Page 28 - BusinessWest September 4, 2023

“Sorting through all of these options may seem daunting — and mistakes made at the initial stage may have lasting impact.”
The Massachusetts Legislature enacted the Mas- sachusetts version of the Uniform Probate Code (MUPC) in 2008. Under the MUPC, estates may be administered under a ‘formal’ or ‘informal’ process, as ‘supervised’ or ‘unsupervised’ administrations, as a ‘voluntary’ administration, and even by appoint- ment of a ‘special personal representative’ under some circumstances.
Sorting through all of these options may seem daunting — and mistakes made at the initial stage may have lasting impact. In Estate of Slavin, an early decision to file as a voluntary personal representative nearly prevented the voluntary PR from pursuing a wrongful-death claim on behalf of the estate.
An informal probate, under Section 3-301 of the MUPC, is possible where the proposed personal representative has priority for appointment (usually named as PR in the will), and is in possession of the original will. A petition for informal appointment in intestacy (without a will) must also attest that, after a reasonably diligent search, the petitioner is unaware of any unrevoked will or why such an instrument the petitioner is aware of is not being probated. Informal probate is overseen by a magistrate rather than a judge, and hearings are not permitted. The benefit
of informal probate is that it can be a faster process than a formal probate.
A formal probate, under Section 3-402 of the MUPC, is typically heard by a judge and may involve one or more hearings. It may be necessary to file a formal probate in order to object to an informal pro- bate if the terms of the will are unclear, if the admin- istration needs to be supervised, if the court needs to appoint a special personal representative, or for other reasons. A formal petition may also be used to obtain a judicial determination of intestacy, and of the heirs,
without requesting the appointment of a personal representative.
A formal administration may be supervised or unsupervised. A supervised administration is over- seen more closely by the court, which typically must approve everything the PR wants to do before he
or she does it. A supervised administration may be requested by the PR or by any interested person, and may be requested while a petition to appoint the PR is pending, or after the PR has already been appoint- ed. Where a will directs supervised administration,
it will be ordered unless the court finds that the cir- cumstances relating to the need for supervision have changed since execution of the will.
For some estates, it may be necessary to appoint a special personal representative under Section 3-614 of the MUPC for specific purposes, such as search- ing the decedent’s safe-deposit box for his or her will, or to preserve assets of the estate. A special PR may also be appointed for the purpose of performing an act that a general PR cannot or should not perform due to a potential conflict of interest. While a special PR can have many of the same powers as a perma- nent PR, the special PR is not able to sell or distrib- ute any assets of the estate.
Small estates may be administered by a voluntary PR. Under Section 3-1201 of the MUPC, a voluntary PR may administer an estate consisting only of per- sonal property (no real estate) that includes a vehicle owned by the decedent and other property valued
up to a cap of $25,000. Although voluntary PRs are recognized as such by certification by the register of probate, they are not appointed to the role by a judge or magistrate.
RESERVE YOUR AD SPACE TODAY!
September 18th
DEADLINE SEPTEMBER4TH
28 SEPTEMBER 4, 2023 << LAW >> BusinessWest