Section 3–412. [Formal Testacy Proceedings; Effect of Order; Vacation.]
Subject to appeal and subject to vacation as provided herein and in section 3–413, a formal testacy order under sections 3–409 to 3–411, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that:
(1) The court shall entertain a petition for vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice thereof, except by publication.
(2) If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that 1 or more persons were omitted from the determination and it is also shown that the persons were unaware of their relationship to the decedent, were unaware of the death or were given no notice of any proceeding concerning the estate, except by publication.
(3) A petition for vacation under either clause (1) or clause (2) shall be filed prior to the earlier of the following time limits:
(i) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, 6 months after the filing of the closing statement.
(ii) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by section 3–108 when it is no longer possible to initiate an original proceeding to probate a will of the decedent.
(iii) Twelve months after the entry of the order sought to be vacated.
(4) The order originally rendered in the testacy proceeding may be vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs.
(5) If the alleged decedent is not dead, the alleged decedent may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
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 3-107 - 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 3-308 - 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 3-409 - 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 3-602 - 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 3-704 - 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 3-714 - 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 3-812 - 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 3-1003 - 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 3-1102 - 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