Last updated: 9/6/2016
Order Of Informal Probate Of Will And Or Appointment Of Personal Representative {MPC 750}
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Description
ORDER OF INFORMAL PROBATE OF WILL AND/OR APPOINTMENT OF 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: 1. A Petition has been filed requesting: The appointment of a Personal Representative. Informal probate of the will dated of the above named Decedent. (date) and codicils (dates) 2. Upon consideration of the Petition, I determine based upon the Petition that all of the following are true: a. The Petitioner is an interested person and has filed a complete and verified Petition. b. Venue is proper. c. The Petition was filed within the time period permitted by law. d. Any required notices have been given or waived. e. A death certificate issued by a public officer is in the Court's possession. f. The spouse, heirs at law and any devisees are not incapacitated or protected persons or minors; or if they are, they are represented by a conservator or a guardian who is not the Petitioner. INFORMAL PROBATE OF WILL 3. The original, properly executed and apparently unrevoked will is in the court's possession. The will dated (date) and any codicils dated (dates) are referred to as the will. There are no known prior wills which have not been expressly revoked by a later instrument. The will is admitted to informal probate. An authenticated copy of the will and any codicil and documents establishing probate in the State of are in the court's possession and are offered for informal probate. The will is admitted to informal probate. A duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of informal probate. The will is admitted to informal probate. is offered for APPOINTMENT OF PERSONAL REPRESENTATIVE 4. The person whose appointment is sought has priority for appointment, with or without appropriate nomination and/or renunciation. Any will to which the requested appointment relates has been formally or informally probated. American LegalNet, Inc. www.FormsWorkFlow.com MPC 750 (4/15/16) page 1 of 2 Docket No. Estate of: First Name Middle Name Last Name The following person is appointed Personal Representative: First Name M.I. Last Name (Apt, Unit, No. etc.) First Name M.I. Last Name (Apt, Unit, No. etc.) (Address) (City/Town) (State) (Address) (City/Town) (State) (Zip) (Zip) Primary Phone #: Primary Phone #: 5. The Personal Representative shall serve in an unsupervised administration: without surety on the bond. with personal corporate sureties on the bond in the penal sum amount of $ 6. Letters of Authority shall issue. The Personal Representative(s) shall comply with all relevant requirements under the law and the appointment is subject to termination as provided in G. L. c. 190B, §§ 3-608-612. Date Justice Magistrate The Petition is DENIED/DECLINED because: This or another will of the Decedent has been the subject of a previous probate Order. Persons with prior or equal priority have not renounced or nominated the Petitioner or his or her nominee. Notice requirements have not been met. Other: Date Justice NOTE: Magistrate The denial of a Petition for Informal Probate cannot be appealed. A timely formal proceeding may be initiated pursuant to G. L. c. 190B, § 3-401. If this Petition is allowed the Petitioner must publish an Informal Publication Notice (MPC 551) once in a newspaper designated by the Register. The Publication shall not be more than thirty (30) days after informal probate or appointment pursuant to G. L. c. 190B, § 3-306(b). American LegalNet, Inc. www.FormsWorkFlow.com MPC 750 (4/15/16) page 2 of 2
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