Mass. Gen. Laws ch. 190B, § 3-303 - Informal probate; proof and findings required

Cite asMass. Gen. Laws ch. 190B, § 3-303

(a) In an informal proceeding for original probate of a will, the court or a magistrate shall determine whether:

(1) the petition is complete;

(2) the petitioner has made oath or affirmation that the statements contained in the petition are true to the best of the petitioner's knowledge and belief;

(3) the petitioner appears from the petition to be an interested person as defined in section 1-201(24);

(4) on the basis of the statements in the petition, venue is proper;

(5) an original, duly executed and apparently unrevoked will is in the court's possession;

(6) on the basis of the statements in the petition any notice required by section 3-306 has been given and that the petition is not within section 3-304;

(7) it appears from the petition that the time limit for original probate has not expired;

(8) on the basis of statements in the petition, the spouse and heirs are not incapacitated persons or minors; or if they are incapacitated persons or minors they are represented by guardians or conservators; and

(9) a death certificate issued by a public officer is in the court's possession.

(b) The petition shall be denied if it indicates that a personal representative has been appointed in another county of the commonwealth or except as provided in subsection (d) below, if it appears that this or another will of the decedent has been the subject of a previous probate order.

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