Mass. Gen. Laws ch. 190B, § 1-101
Short title
Section 1–101. [Short Title.] This chapter shall be known and may be cited as the Massachusetts Uniform Probate Code.
Massachusetts General Laws Chapter 190B — Massachusetts Uniform Probate Code
Massachusetts · statute · Mass. Gen. Laws ch. 190B · 316 active provisions
Mass. Gen. Laws ch. 190B, § 1-102
Purposes; rule of construction
Section 1–102. [Purposes; Rule of Construction.] (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are: (1) to simplify and clarify the law concerning the affairs of decedents and missing persons; (2) to di…
Mass. Gen. Laws ch. 190B, § 1-103
Supplementary general principles of law applicable
Section 1–103. [Supplementary General Principles of Law Applicable.] Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
Mass. Gen. Laws ch. 190B, § 1-104
Severability
Section 1–104. [Severability.] If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provision…
Mass. Gen. Laws ch. 190B, § 1-105
Construction against implied repeal
Section 1–105. [Construction Against Implied Repeal.] This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Mass. Gen. Laws ch. 190B, § 1-106
Effect of fraud and evasion
Section 1–106. [Effect of Fraud and Evasion.] Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the per…
Mass. Gen. Laws ch. 190B, § 1-107
Evidence of death or status
Section 1–107. [Evidence of Death or Status.] In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:— (1) Death occurs when an individual has sustained either (i) irreversible cessation of circulatory and respiratory functions o…
Mass. Gen. Laws ch. 190B, § 1-108
Act by holder of general power
Section 1–108. [Act by Holder of General Power.] For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond or to perform other duties, and for purposes of consenting to modification or…
Mass. Gen. Laws ch. 190B, § 1-109
Standard of proof
Section 1–109. [Standard of Proof.] In contested cases, the standard of proof is a preponderance of the evidence.
Mass. Gen. Laws ch. 190B, § 1-201
Definitions and inclusions
Section 1–201. [Definitions and Inclusions.] Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this chapter: (1) ''Administration'', includes both formal and informal testate and intestate pr…
Mass. Gen. Laws ch. 190B, § 1-301
Territorial application
Section 1–301. [Territorial Application.] Except as otherwise provided in this chapter, this chapter applies to: (1) the affairs and estates of decedents and missing persons domiciled in the commonwealth, (2) the property of nonresidents located in the commonwealth or property coming into the control of a fiduciary who…
Mass. Gen. Laws ch. 190B, § 1-302
Subject matter jurisdiction
Section 1–302. [Subject Matter Jurisdiction.] (a) To the full extent permitted by the constitution, the court has jurisdiction over all subject matter relating to: (1) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons, (2) prot…
Mass. Gen. Laws ch. 190B, § 1-303
Venue; multiple proceedings; transfer
Section 1–303. [Venue; Multiple Proceedings; Transfer.] (a) Where a proceeding under this chapter could be maintained in more than one place in the commonwealth, the division in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, w…
Mass. Gen. Laws ch. 190B, § 1-307
Magistrate; powers
Section 1–307. [Magistrate; Powers.] The acts and orders which this chapter specifies as performable by the magistrate may be performed either by the magistrate or such other official of the court, including a judge or other official of the court, all as designated by the court by a written order filed and recorded in…
Mass. Gen. Laws ch. 190B, § 1-310
Oath of affirmation on filed documents
Section 1–310. [Oath or Affirmation on Filed Documents.] Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its represen…
Mass. Gen. Laws ch. 190B, § 1-401
Notice; method and timing of giving
Section 1–401. [Notice; Method and Timing of Giving.] (a) If notice on any matter is required by reference to this section and except for specific notice requirements as otherwise provided, the court shall fix a return date and issue a citation. The petitioner shall cause notice of the return day of any matter to be gi…
Mass. Gen. Laws ch. 190B, § 1-402
Notice; waiver
Section 1–402. [Notice; Waiver.] A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a ward, incapacitated person or a prot…
Mass. Gen. Laws ch. 190B, § 1-403
Pleadings; when parties bound by others; notice
Section 1–403. [Pleadings; When Parties Bound by Others; Notice.] In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (1) Interests to be affected shall be described in pleadings which give re…
Mass. Gen. Laws ch. 190B, § 1-404
Guardian ad litem and next friend
Section 1–404. [Guardian Ad Litem and Next Friend.] (a) If, in a formal proceeding involving trusts or estates of decedents, minors, protected persons or incapacitated persons and in judicially supervised settlements, or otherwise, a minor, a protected person, an incapacitated person or a person not ascertained or not…
Mass. Gen. Laws ch. 190B, § 2-101
Intestate estate
Section 2–101. [Intestate Estate.] (a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this part, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or cla…
Mass. Gen. Laws ch. 190B, § 2-102
Share of spouse
Section 2–102. [Share of Spouse.] The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant or parent of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descend…
Mass. Gen. Laws ch. 190B, § 2-103
Share of heirs other than surviving spouse
Section 2–103. [Share of Heirs Other Than Surviving Spouse.] Any part of the intestate estate not passing to the decedent's surviving spouse under section 2–102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1…
Mass. Gen. Laws ch. 190B, § 2-105
No taker
Section 2–105. [No Taker.] If there is no taker under the provisions of this article, the intestate estate passes to the commonwealth; provided, however, if such intestate is a veteran who died while a member of a state-operated veterans' home, the intestate estate shall inure to the benefit of the legacy fund or legac…
Mass. Gen. Laws ch. 190B, § 2-106
Representation
Section 2–106. (a) [Representation.] In this section: (1) ''Deceased descendant'', ''deceased parent'', or ''deceased ancestor'', a descendant, parent, or ancestor who predeceased the decedent. (2) ''Surviving descendant'', a descendant who survived the decedent. (b) If, under section 2–103(1), a decedent's intestate e…
Mass. Gen. Laws ch. 190B, § 2-107
Kindred of half blood
Section 2–107. [Kindred of Half Blood.] Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
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