Massachusetts Probate Manual
Current—practical—essential guidance on the MUPC
- Product Number: 1880133B00
- Publication Date: 7/27/2022
- Edition: 5th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
The Massachusetts Probate Manual offers up-to-date guidance on the evolving issues surrounding probate practice in Massachusetts. The book offers practice tips and tracks the essential steps you must know in order to handle formal and informal probate matters, preprobate considerations, practical steps to take to avoid probate litigation arising from will contests and compromises, developments pertaining to the removal, death and resignation of fiduciaries, matters concerning real property and the disposition of assets, planning for postmortem issues, testate and intestate distributions, accounts, and the roles and responsibilities of trustees, as well as current developments in the area of guardianships and conservatorships. The book is also a trusted source for cresting case decisions, citations to key primary law sources, and trends.
Recent updates:
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Update: July 2022
Dear Subscriber:
Thank you for choosing to keep your copy of the Massachusetts Probate Manual current with this fifth edition. Inside, you will find new material addressing a broad range of topics and issues, including the following:
- Soundness of mind. See chapter 5 for updates to the discussion regarding a decedent’s mental capacity in the immediate period surrounding execution of contested documents.
- Trusts and trustees. See chapter 16 for insights regarding a general trust petition under Section 201, and a 2021 decision that tested its use as a mechanism whereby to bring claims against a trustee for monetary damages.
- MassHealth (Medicaid) one-year exception to one-year limitation. See chapter 8 for a recent case on the lack of an exception to the ultimate time limit on the personal representative's power to pay claims and the creditor's ability to bring claims laid out in Section 3-108.
- Jurisdiction of court concerning trusts. See chapter 16 for a recent case ruling that a general trust petition under Section 201 is not an omnibus vehicle for every type of relief a beneficiary may seek against a trust's trustees.
- Charitable deductions. See chapter 10 for new, practical information on the impact of the date of ascertainability of the value of the charitable devise. The chapter also provides a practical, tax-efficient approach whereby a personal representative can donate unclaimed, tangible personal property to charity.
- Guardianship versus conservatorship. See chapter 17 for practical insight into whether and how a conservatorship may be avoided, even where a representative payee or other arrangement does not address all of the person's financial needs.
We at MCLE thank you for your interest in this book, and we trust that you will find this new edition useful in your library and valuable in your service to your clients.
Cordially,
Maryanne G. Jensen, Esq., Director of Publications
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Update: July 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandChronology of an Estate Administration
Buy ChapterChapter 2 expandPreprobate Considerations
Buy ChapterChapter 3 expandInformal Probate
Buy ChapterExhibit 3A
- Petition for Informal Probate of Will/?Appointment of Personal Representative (Form MPC 150) Buy FormExhibit 3B
- Instructions for Informal Probate with or Without a Will (Form MPC 962) Buy FormExhibit 3C
- Affidavit of Domicile (Form MPC 485) Buy FormExhibit 3D
- Assent and Waiver of Notice/?Renunciation/Nomination/Waiver of Sureties (Form MPC 455) Buy FormExhibit 3E
- Instructions for Completing Assent and Waiver of Notice/Renunciation/?Nomination/?Waiver of Sureties—Form MPC 455 (Form MPC 941) Buy FormExhibit 3F
- Cause of Death Affidavit (Form MPC 475) Buy FormExhibit 3G
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy FormExhibit 3H
- Devisees (Form MPC 163) Buy FormExhibit 3I
- Degrees of Kinship Chart Buy FormExhibit 3J
- Bond (Form MPC 801) Buy FormExhibit 3K
- Demand for Sureties (Form MPC 360) Buy FormExhibit 3L
- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy FormExhibit 3M
- Notice of Informal Probate and Return of Service (Form MPC 550) Buy FormExhibit 3N
- Informal Probate Publication Notice (Form MPC 551) Buy FormExhibit 3O
- Military Affidavit (Form TC 002) Buy FormExhibit 3P
- Order of Informal Probate of Will and/or Appointment of Personal Representative (Form MPC 750) Buy FormExhibit 3Q
- Domiciliary Foreign Personal Representative’s Sworn Statement (Form MPC 180) Buy FormChapter 4 expandFormal Probate
Buy ChapterExhibit 4A
- Petition for Formal Appointment of a Personal Representative (Form MPC 160) Buy FormExhibit 4B
- Instructions for Formal Probate with or Without a Will (Form MPC 963) Buy FormExhibit 4C
- Affidavit of Domicile (Form MPC 485) Buy FormExhibit 4D
- Petition for Late and Limited Formal Testacy and/or Appointment (Form MPC 161) Buy FormExhibit 4E
- Instructions for Late and Limited Formal Testacy and/or Appointment (Form MPC 964) Buy FormExhibit 4F
- Assent and Waiver of Notice/?Renunciation/?Nomination/Waiver of Sureties (Form MPC 455) Buy FormExhibit 4G
- Instructions for Form MPC 455 (MPC Form 941) Buy FormExhibit 4H
- Cause of Death Affidavit (Form MPC 475) Buy FormExhibit 4I
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy FormExhibit 4J
- Instructions for Form MPC 162–Surviving Spouse, Children, Heirs at Law (Form MPC 958) Buy FormExhibit 4K
- Massachusetts Degrees of Kinship Chart (Form MPC 960) Buy FormExhibit 4L
- Devisees (Form MPC 163) Buy FormExhibit 4M
- Instructions for Form MPC 163–Devisees (Form MPC 959) Buy FormExhibit 4N
- Decree and Order on Petition for Formal Adjudication (Form MPC 755) Buy FormExhibit 4O
- Motion to Waive Guardian ad Litem Buy FormExhibit 4P
- Bond (Form MPC 801) Buy FormExhibit 4Q
- Demand for Sureties (Form MPC 360) Buy FormExhibit 4R
- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy FormExhibit 4S
- Notice of Appearance and/or Objection (Form MPC 505a) Buy FormExhibit 4T
- Motion for Allowance of Copy of Will Buy FormExhibit 4U
- Motion for Appointment of Special Personal Representative Buy FormExhibit 4V
- Petition for Appointment of Special Personal Representative (Form MPC 350) Buy FormExhibit 4W
- Petition for Informal Appointment of Successor Personal Representative (Form MPC 255) Buy FormExhibit 4X
- Petition for Formal Appointment of Successor Personal Representative (Form MPC 270) Buy FormChapter 5 expandWill Contests, Compromises, and Practical Steps to Avoid Litigation
Buy ChapterChapter 6 expandRemoval, Resignation, and Death of Fiduciaries
Buy ChapterExhibit 6A
- Petition for Formal Removal of Personal Representative (Form MPC 265) Buy FormExhibit 6B
- Petition to Render Inventory (Form MPC 856) Buy FormExhibit 6C
- Uniform Counsel Certification Form Buy FormExhibit 6D
- Resignation of Fiduciary (Form MPC 264) Buy FormExhibit 6E
- Petition for Removal of Trustee (Form MPC 266) Buy FormExhibit 6F
- Petition for Informal Appointment of Successor Personal Representative (Form MPC 255) Buy FormExhibit 6G
- Petition for Formal Appointment of Successor Personal Representative (Form MPC 270) Buy FormExhibit 6H
- Renunciation of Right to Appointment and/or Nomination of Personal Representative (Form MPC 455) Buy FormChapter 7 expandClaims Against the Estate
Buy ChapterChapter 8 expandMUPC Rules of Construction
Buy ChapterChapter 9 expandPowers and Duties of the Personal Representative
Buy ChapterChecklist 9.1
- Checklist of Duties of the Personal Representative Relative to Collecting and Identifying Assets Buy FormExhibit 9A
- Petition for Sale of Real Estate—G.L. c. 202, § 19 (Form MPC 210) Buy FormExhibit 9B
- MUPC Inventory (Form MPC 854) Buy FormExhibit 9C
- Surviving Spouse, Children, Heirs at Law—G.L. c. 190B, § 3-301 (Form MPC 162) Buy FormExhibit 9D
- Closing Statement—G.L. c. 190B, § 3 1003 (Form MPC 850) Buy FormExhibit 9E
- Petition for Order of Complete Settlement (Form MPC 855) Buy FormChapter 10 expandChapter 11 expandReal Estate Transfers and Sales
Buy ChapterExhibit 11A
- Memo from Christina T. Geaney, Esq., Chief Title Examiner, Re: Land Court Guideline 14. Death: The Effect of Death upon Registered Land Titles (October 31, 2019) Buy FormExhibit 11B
- Assent and Release Buy FormExhibit 11C
- General Assent (Form MPC 455) Buy FormExhibit 11D
- REBA Title Standard No. 10: Power of Sale Under Will Buy FormExhibit 11E
- REBA Title Standard No. 78: Personal Representative Conveyances Per Power of Sale Under Massachusetts Uniform Probate Code Buy FormExhibit 11F
- Petition for License to Sell: Debts, Legacies, and Charges of Administration (Form CJ-P 75) Buy FormExhibit 11G
- Petition for Sale of Real Estate (Form MPC 210), Personal Representative’s Checklist (Form MPC 973), and Decree of Sale of Real Estate (Form MPC 794) Buy FormExhibit 11H
- REBA Form No. 32: Affidavit Pursuant to G.L. c. 65C, § 14(a) Buy FormExhibit 11I
- REBA Title Standard No. 3: Federal Estate Tax Liens Buy FormExhibit 11J
- REBA Title Standard No. 24: Massachusetts Estate Tax Liens Buy FormExhibit 11K
- Petition for License to Sell: Foreign (Form CJ-P 143) Buy FormExhibit 11L
- REBA Title Standard No. 40: Transfers by Devisees Buy FormExhibit 11M
- REBA Title Standard No. 41: List of Heirs Buy FormExhibit 11N
- REBA Form No. 58: Deed of Distribution Pursuant to G.L. c. 190B, § 3-907 Buy FormChapter 12 expandChapter 13 expandTestate and Intestate Distributions
Buy ChapterExhibit 13A
- Intestate Succession Under the MUPC Buy FormExhibit 13B
- Intestate Succession Under Pre MUPC Rules Buy FormExhibit 13C
- Degrees of Kinship Buy FormExhibit 13D
- Surviving Spouse, Children, Heirs at Law Form (Form MPC 162) Buy FormExhibit 13E
- Devisees (Form MPC 163) Buy FormExhibit 13F
- Petition to Render (Form MPC 856) Buy FormExhibit 13G
- Petition for Formal Removal of Personal Representative (Form MPC 265) Buy FormChapter 14 expandFiduciary and Attorney Fees
Buy ChapterChapter 15 expandAccounts
Buy ChapterExhibit 15A
- Executor’s First and Final Account (Form MPC 853) Buy FormExhibit 15B
- Trustee’s Tenth Account (Form MPC 859) Buy FormExhibit 15C
- Petition for Allowance of Account (Form MPC 857) Buy FormExhibit 15D
- Petition for Order of Complete Settlement (Form MPC 855) Buy FormExhibit 15E
- Decree and Order of Complete Settlement (Form MPC 790) Buy FormExhibit 15F
- Small Estate Closing Statement (Form MPC 851) Buy FormExhibit 15G
- Closing Statement (Form MPC 850) Buy FormExhibit 15H
- Petition to Render Inventory/?Account (Form MPC 856) Buy FormExhibit 15I
- Order to Render Account (Form MPC 754) Buy FormExhibit 15J
- Contempt: Failure to Render Account (Form CJ-D 103) Buy FormExhibit 15K
- Motion to Waive Appointment of Guardian ad Litem Buy FormExhibit 15L
- Affidavit Under Uniform Practice XVIA Buy FormExhibit 15M
- Guardian ad Litem and Next Friend Buy FormExhibit 15N
- Affidavit as to Military Service Buy FormExhibit 15O
- Appointment of Military Attorney Buy FormExhibit 15P
- Assent and Waiver of Notice (Form MPC 455) Buy FormExhibit 15Q
- Release of Guardian and Surety Buy FormExhibit 15R
- Decree and Order: Allowance of Trustee’s Account (Form MPC 791) Buy FormExhibit 15S
- Decree and Order: Allowance of Personal Representative’s Account (Form MPC 791) Buy FormExhibit 15T
- Appearance (Form MPC 505a) Buy FormExhibit 15U
- Objection to Personal Representative’s Account Buy FormExhibit 15V
- Motion to Strike Appearance Buy FormExhibit 15W
- Motion to Strike Objection and Appearance Buy FormChapter 16 expandTrusts and Trustees
Buy ChapterExhibit 16A
- Petition to Render Account (Form MPC 856) Buy FormExhibit 16B
- Petition for Allowance of Account (Form MPC 857) Buy FormExhibit 16C
- General Trust Petition (Form MPC 201) Buy FormExhibit 16D
- Petition to Modify Bond (Form MPC 295) Buy FormExhibit 16E
- Bond (Form MPC 801) Buy FormExhibit 16F
- Petition for Removal of Trustee / Appointment of Successor Trustee (Form MPC 266) Buy FormExhibit 16G
- Statement of Confirmation of Appointment of Testamentary Trustee (Form MPC 275) Buy FormExhibit 16H
- Decree and Order on Petition for Removal of Trustee / Appointment of Successor Trustee (Form MPC 782) Buy FormExhibit 16I
- General Trust Petition for Appointment of Guardian ad Litem—Trust (Form MPC 351) Buy FormExhibit 16J
- Decree and Order on General Trust Petition Appointing Guardian ad Litem (Form MPC 777) Buy FormExhibit 16K
- Petition to Terminate Trust (Form MPC 267) Buy FormExhibit 16L
- Decree and Order of General Probate/Trust Petition (Form MPC 792) Buy FormExhibit 16M
- Amended Report of the Supreme Judicial Court’s Ad Hoc Committee on Bosch Litigation Buy FormChapter 17 expandGuardianships and Conservatorships
Buy ChapterExhibit 17A
- Checklist of Court Required Duties as a Conservator Buy FormExhibit 17AA
- Petition for Appointment of Guardian of Minor (Form MPC 140) Buy FormExhibit 17B
- Checklist of Court Required Duties as a Guardian of Incapacitated Persons Buy FormExhibit 17C
- Guardianship Petition (Form MPC 120) Buy FormExhibit 17D
- Conservatorship Petition (Form MPC 130) Buy FormExhibit 17E
- Medical Certificate (Form MPC 400) Buy FormExhibit 17F
- Medical Certificate Affidavit (Form MPC 403) Buy FormExhibit 17G
- Notice of Hearing (Form MPC 504) Buy FormExhibit 17H
- Certificate of Service (Form MPC 500) Buy FormExhibit 17I
- Bond (Form MPC 801) Buy FormExhibit 17J
- Verified Motion for Appointment of Temporary Guardian (Form MPC 320) Buy FormExhibit 17K
- Sample Decree and Order of Appointment of a Guardian (Form MPC 740) Buy FormExhibit 17L
- Guardian’s Personal Care Plan/?Report (Form MPC 821) Buy FormExhibit 17M
- Sample Conservator’s Financial Plan (Form MPC 831) Buy FormExhibit 17N
- Instructions for Completing Conservator’s Inventory (Form MPC 934) Buy FormExhibit 17O
- Combined Account (Form MPC 853) Buy FormExhibit 17P
- Simplified Accounting Guidelines for Estate and Conservator Accounts (Form MPC 904) Buy FormExhibit 17Q
- Petition to Expand/Modify/Limit the Powers of a Guardian (Form MPC 220) Buy FormExhibit 17R
- Petition to Expand/Modify/Limit the Powers of a Conservator (Form MPC 230) Buy FormExhibit 17S
- Petition for Termination of a Guardianship and/or Conservatorship (Form MPC 203) Buy FormExhibit 17T
- Petition for Resignation of a Guardian and/or Conservator (Form MPC 202) Buy FormExhibit 17U
- Petition for Removal of a Guardian (Form MPC 221) Buy FormExhibit 17V
- Petition for Removal of a Conservator (Form MPC 231) Buy FormExhibit 17W
- Instructions for Completion of Notice of Intent to Admit to a Nursing Facility for Short Term Services (Form MPC 955) Buy FormExhibit 17X
- Notice of Right to Counsel (Form MPC 592) Buy FormExhibit 17Y
- Application for Appointment of Counsel for Parent of Minor Child (Form MPC 263) Buy FormExhibit 17Z
- Order Appointing Counsel for Parent of Minor Child (Form MPC 603) Buy Form - Editors & Authors