Massachusetts General Laws
Article III - Probate of Wills and Administration
Section 3-1001 - Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection

Section 3–1001. [Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.]
(a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after 1 year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account, compel or approve an accounting or distribution or both, to construe any will, determine heirs or adjudicate the final settlement and distribution of the estate. Unless the petition is assented to by all interested parties, notice shall be given in the manner prescribed by section 1–401 by the petitioner to all interested persons.
(b) After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person. Such discharge shall forever exonerate the personal representative and his sureties from all liability under such decree unless his account is impeached for fraud or manifest error.
(c) If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.

Structure Massachusetts General Laws

Massachusetts General Laws

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 3-101 - Devolution of Estate at Death; Restrictions

Section 3-102 - Necessity of Order of Probate for Will

Section 3-103 - Necessity of Appointment for Administration

Section 3-104 - Claims Against Decedent; Necessity of Administration

Section 3-105 - Proceedings Affecting Devolution and Administration

Section 3-106 - Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction Over Persons

Section 3-107 - Scope of Proceedings; Proceedings Independent; Exception

Section 3-108 - Probate, Testacy and Appointment Proceedings; Ultimate Time Limit

Section 3-109 - Statutes of Limitation on Decedent's Cause of Action

Section 3-201 - Venue for First and Subsequent Estate Proceedings; Location of Property

Section 3-202 - Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State

Section 3-203 - Priority Among Persons Seeking Appointment as Personal Representative

Section 3-205 - Judge or Register as Personal Representative

Section 3-301 - Informal Probate or Appointment Proceedings; Petition; Contents

Section 3-302 - Informal Probate; Duty of Magistrate; Effect of Informal Probate

Section 3-303 - Informal Probate; Proof and Findings Required

Section 3-304 - Informal Probate; Unavailable in Certain Cases

Section 3-305 - Informal Probate; Magistrate Not Satisfied

Section 3-306 - Informal Probate; Notice Requirements

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

Section 3-308 - Informal Appointment Proceedings; Proof and Findings Required

Section 3-309 - Informal Appointment Proceedings; Magistrate Not Satisfied

Section 3-311 - Informal Appointment Unavailable in Certain Cases

Section 3-401 - Formal Testacy Proceedings; Nature; When Commenced

Section 3-402 - Formal Testacy or Appointment Proceedings; Petition; Contents

Section 3-403 - Formal Testacy Proceedings; Notice of Hearing on Petition

Section 3-405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof

Section 3-406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses

Section 3-408 - Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction

Section 3-409 - Formal Testacy Proceedings; Order; Foreign Will

Section 3-410 - Formal Testacy Proceedings; Probate of More Than One Instrument

Section 3-411 - Formal Testacy Proceedings; Partial Intestacy

Section 3-412 - Formal Testacy Proceedings; Effect of Order; Vacation

Section 3-413 - Formal Testacy Proceedings; Vacation of Order for Other Cause

Section 3-414 - Formal Proceedings Concerning Appointment of Personal Representative

Section 3-501 - Supervised Administration; Nature of Proceeding

Section 3-502 - Supervised Administration; Petition; Order

Section 3-503 - Supervised Administration; Effect on Other Proceedings

Section 3-504 - Supervised Administration; Powers of Personal Representative

Section 3-505 - Supervised Administration; Interim Orders; Distribution and Closing Orders

Section 3-601 - Qualification

Section 3-602 - Acceptance of Appointment; Consent to Jurisdiction

Section 3-603 - Bond Without Sureties

Section 3-604 - Bond With Sureties; Procedure; Reduction

Section 3-605 - Demand for Sureties by Interested Person

Section 3-606 - Terms and Conditions of Bonds

Section 3-607 - Order Restraining Personal Representative

Section 3-608 - Termination of Appointment; General

Section 3-609 - Termination of Appointment; Death or Disability

Section 3-610 - Resignation by Personal Representative

Section 3-611 - Termination of Appointment by Removal; Cause; Procedure

Section 3-612 - Termination of Appointment; Change of Testacy Status

Section 3-613 - Successor Personal Representative

Section 3-614 - Special Representative; Appointment

Section 3-615 - Special Representative; Who May Be Appointed

Section 3-617 - Special Representative; Formal Proceedings; Power and Duties

Section 3-618 - Termination of Appointment; Special Representative

Section 3-701 - Time of Accrual of Duties and Powers

Section 3-702 - Priority Among Different Letters

Section 3-703 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue

Section 3-704 - Personal Representative to Proceed Without Court Order; Exception

Section 3-706 - Duty of Personal Representative; Inventory and Appraisement

Section 3-707 - Employment of Appraisers

Section 3-709 - Duty of Personal Representative; Possession of Estate

Section 3-710 - Power to Avoid Transfers

Section 3-712 - Improper Exercise of Power; Breach of Fiduciary Duty

Section 3-713 - Sale, Encumbrance or Transaction Involving Conflict of Interest; Voidable; Exceptions

Section 3-714 - Persons Dealing With Personal Representative; Protection

Section 3-715 - Transactions Authorized for Personal Representatives; Exceptions

Section 3-716 - Powers and Duties of Successor Personal Representative

Section 3-717 - Co-Representatives; When Joint Action Required

Section 3-718 - Powers of Surviving Personal Representative

Section 3-719 - Compensation of Personal Representative

Section 3-720 - Expenses in Estate Litigation

Section 3-802 - Statute of Limitations

Section 3-803 - Limitations on Presentation of Claims

Section 3-804 - Manner of Commencement of Claims

Section 3-805 - Classification of Claims

Section 3-806 - Allowance of Claims

Section 3-807 - Payment of Claims

Section 3-808 - Individual Liability of Personal Representative

Section 3-809 - Secured Claims

Section 3-810 - Claims Not Due and Contingent or Unliquidated Claims

Section 3-811 - Counterclaims

Section 3-812 - Execution and Levies Prohibited

Section 3-813 - Compromise of Claims

Section 3-814 - Encumbered Assets

Section 3-815 - Administration in More Than One State; Duty of Personal Representative

Section 3-816 - Final Distribution to Domiciliary Representative

Section 3-901 - Successors' Rights if No Administration

Section 3-902 - Distribution; Order in Which Assets Appropriated; Abatement

Section 3-903 - Right of Retainer

Section 3-904 - Interest on General Pecuniary Devise

Section 3-906 - Distribution in Kind; Valuation; Method

Section 3-907 - Distribution in Kind; Evidence

Section 3-908 - Distribution; Right or Title of Distributee

Section 3-909 - Improper Distribution; Liability of Distributee

Section 3-912 - Private Agreements Among Successors to Decedent Binding on Personal Representative

Section 3-913 - Distributions to Trustee

Section 3-914 - Disposition of Unclaimed Assets

Section 3-915 - Distribution to Person Under Disability

Section 3-916 - Apportionment of Estate Taxes

Section 3-917 - Partial Distribution

Section 3-1001 - Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection

Section 3-1003 - Closing Estates; by Sworn Statement of Personal Representative

Section 3-1004 - Liability of Distributees to Claimants

Section 3-1005 - Limitations on Proceedings Against Personal Representative

Section 3-1006 - Limitations on Actions and Proceedings Against Distributees

Section 3-1101 - Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons

Section 3-1102 - Procedure for Securing Court Approval of Compromise

Section 3-1103 - Non-Resident Beneficiaries; Payment of Trust Fund to Foreign Trustee

Section 3-1201 - Collection of Personal Property by Affidavit

Section 3-1202 - Effect of Affidavit

Section 3-1203 - Small Estates; Summary Administration Procedure

Section 3-1204 - Small Estates; Closing by Sworn Statement of Personal Representative