On March 31, 2012, the Uniform Probate Code, an extensive
and important piece of legislation became effective in the Commonwealth of
Massachusetts. This greatly transformed the administration of wills and estates.
Under the new law, there are several types of administration options available.
Informal Administration
In most cases, the administration of an estate may
proceed informally. This type of administration provides that the personal
representative under the will, formerly known as the executor, may be appointed
as quickly as 7 days after the proposed personal representative sends notice by
mail to the interested parties.
Upon appointment, the personal representative may
commence the collection of assets and attend to other administration matters. Although
certain procedures remain, such as preparing an inventory, publishing notice in
the newspapers, and circulating accounts, these are not under the mandatory
supervision of the court. As such, the new law depends upon the personal
representative to privately perform these tasks.
This type of administration is best when beneficiaries
are agreeable and the circumstances of the estate are non-controversial. In the
event a controversy arises, a beneficiary or the personal representative may
elect to file with the court to begin a formal administration.
Formal Administration
Under the new law, a formal administration proceeding is “…litigation
to determine whether the decedent left a valid will.” This is the judicial
determination of the validity of a will or the appointment of an appropriate
personal representative, but after the court has made such a decision, the
estate administration is unsupervised. This type of administration may be
brought within three years of death, even if informal probate has been granted.
It will be best when there is some legal question regarding the proceedings,
the possibility of controversy among the beneficiaries, or if questions arise
about a previously commenced informal administration.
Supervised Administration
This type of administration requires continued
supervision by the court of the activities of the personal representative. The
personal representative may not make any distribution of the estate without a
court order. Supervised administration is best in complicated and controversial
estates, where continual access to the court will be a necessity.
Voluntary Administration
The new law continues to provide for voluntary
administration, but increases the size of the estate eligible for this
proceeding. In the event that no probate has commenced within 30 days after
death, a statement may be filed with the court providing under oath that the
signatory will administer the estate according to the will or as provided under
the laws of intestacy. There is no further court involvement.
In order to be eligible for voluntary administration, the
decedent must be a resident of Massachusetts, cannot own real estate at the
time of their death and the decedents’ assets, excluding a car, must be $25,000
or less.
An experienced estate planning attorney would be of great
assistance in providing insight into which administration process is best
suited for your situation.
Todd C. Ratner, Esq.
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