Section 3–914. [Disposition of Unclaimed Assets.]
(a) If a personal representative has money which the personal representative considers it advisable to deposit in a savings bank, or in savings accounts in a trust company, or in paid-up shares and accounts of and in a co-operative bank, or with which the personal representative considers it advisable to purchase shares or make deposits in a credit union located in the commonwealth or to purchase share accounts of a federal savings and loan association located in the commonwealth, in the name of the judge of probate, for the benefit of any person, the personal representative may apply to the court by which he or she was appointed for leave so to do, and the court may in its discretion, without notice, direct such money to be so deposited. When the deposit is made the deposit book or certificates of the bank shall be filed in court. When the person entitled to such money satisfies the court of his right to receive it, the court shall by decree direct that it be transferred to him.
(b)(1) If a personal representative holds property the disposition of which depends upon the death of an absentee whose death has not been determined under paragraph (1), (2) or (3) of section 1–107, on or after the day 5 years after the date of the absentee's disappearance the personal representative, or any person who would be interested in the property were the absentee dead, may petition the court having jurisdiction of the estate for an order that the property be disposed of to the persons to whom and in the shares or proportions in which it would be distributed if the absentee had died on the day 5 years after the date of the absentee's disappearance.
(2) The court may direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the absentee in any manner that may seem advisable, including any or all of the following methods:
(i) by inserting in 1 or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the absentee;
(ii) by notifying law enforceable officials, public welfare agencies and registers of deaths in appropriate locations of the disappearance of the absentee;
(iii) by engaging the services of an investigator.
The costs of any search so directed shall be paid from estate property.
(3) After any such report directed by the court under paragraph (2) above has been completed to the satisfaction of the court, notice of the hearing on the petition shall be given as provided in section 1–401.
(4) If after the hearing the court finds that the facts warrant a presumption of death under paragraph (4) of section 1–107, it shall enter an appropriate order of disposition of the trust property and any undistributed net income.
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