Decree And Order For Formal Appointment Of Successor Personal Representative {MPC 765}

DECREE AND ORDER FOR FORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE Estate of: First Name Middle Name Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division Last Name Also Known As Date of Death: After hearing or on the uncontested Petition for Appointment of Successor Personal Representative filed on . (date) THE COURT FINDS: 1. The Petitioner is an interested person and has filed a complete and verified Petition. 2. Any required notices have been given or waived by all interested persons. 3. The previously appointed Personal Representative(s) was/were appointed on (date) . has tendered a resignation which is in possession of the Court. died on (date) . is now under a guardianship or conservatorship. was removed by Decree and Order of the Court on (date) . other: 4. The person whose appointment is sought has priority entitling that person for appointment. OR The Court finds that those persons having priority for appointment are not qualified to serve or, although given notice of the proceedings, have failed to request appointment or nominate another for appointment, and that administration is necessary. 5. Any Will to which the requested appointment relates has been previously formally or informally probated. THE COURT DECREES AND ORDERS: 1. The following person(s) is/are qualified to serve and is/are appointed as Successor Personal Representative(s). First Name M.I. Last Name First Name M.I. Last Name (Address) (City/Town) (State) (Apt, Unit, No. etc.) (Address) (City/Town) (State) (Apt, Unit, No. etc.) (Zip) (Zip) Primary Phone #: Primary Phone #: MPC 765 (10/23/12) JSA American LegalNet, Inc. www.FormsWorkFlow.com page 1 of 2 Docket No. Estate of: First Name Middle Name Last Name 2. The Personal Representative shall serve: in unsupervised administration. The Will does not direct supervised administration. The Will directs supervised administration, but the Court finds that circumstances bearing on the need for supervised administration have changed since the execution of the Will and there is no necessity for supervised administration because: in supervised administration because: Decedent's Will directs supervised administration. The Will directs unsupervised administration, but the Court finds that supervised administration is necessary for protection of persons interested in the estate because: The Court finds that supervised administration is necessary under the circumstances, specifically: Unless further restricted below, the Supervised Personal Representative may exercise all of the powers of Personal Representatives except the power to make any distribution of the estate without prior order of the Court 3. The Successor Personal Representative(s) shall serve: Without surety on the bond because: The Will waives the requirement of a surety bond. All of the heirs or devisees have filed a written waiver of sureties on the bond. The Personal Representative is a bank or trust company. The Court finds that sureties are not in the best interest of the estate. With personal corporate surety on the bond with the penal sum amount of . 4. Letters of Authority for Personal Representative shall be issued. 5. The Court further orders: Date Justice Magistrate MPC 765 (10/23/12) JSA American LegalNet, Inc. www.FormsWorkFlow.com page 2 of 2