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Decree And Order On Petition For Formal Adjudication MPC 755 - Massachusetts
| Decree And Order On Petition For Formal Adjudication Form. This is a Massachusetts form and can be used in MUPC Probate And Family Court Statewide . |
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DECREE AND ORDER ON PETITION FOR FORMAL ADJUDICATION 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 a hearing or on the uncontested Petition for Formal Adjudication filed on (date) THE COURT FINDS: 1. The Petitioner is an interested person and has filed a complete and verified Petition. 2. The Decedent died on (date) ; domiciled in the above named County. a nonresident of Massachusetts, but leaving an estate in the above named County. 3. Any required notices have been given or waived by all the interested persons. 4. Venue is proper. 5. The Petition was filed within the time period permitted by law. 6. The Will dated (date) with codicil(s) dated date(s) , referred to as the Will, is valid and unrevoked. There are no known Wills that have not been expressly revoked by a later instrument. The Will is the Decedent's last will and is admitted to formal probate. There is no valid Will. The Will dated (date) The prior informal finding as to testacy is set aside. with codicil(s) dated date(s) , referred to as the Will, has been lost, destroyed or is otherwise unavailable. The above-referenced Petition states the contents of the Will. The Will as stated in the Petition is valid and is the Decedent's last Will. The instrument dated is not a valid Will. (date) with codicil(s) dated date(s) , The duly authenticated copy of the foreign Will dated (date) with codicil(s) dated date(s) along with the duly authenticated certificate of its legal . custodian are true copies and the foreign Will has become operative under the law of 7. Other: MPC 755 (3/19/12) American LegalNet, Inc. www.FormsWorkFlow.com page 1 of 4 Docket No. Estate of: First Name Middle Name Last Name 8. The heirs of the decedent are as stated in the Petition OR as follows: Relationship to Decedent Name and Address of Heir 9. 10. Any Will to which the requested appointment relates is or has been previously formally or informally probated. 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. The following person(s) is/are qualified to serve. 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 #: THE COURT DECREES AND ORDERS: Primary Phone #: TESTACY DETERMINATION 1. The Will is admitted to probate. The Decedent died intestate. The instrument is not admitted to probate. 2. The Decedent's heirs are as found above. APPOINTMENT OF PERSONAL REPRESENTATIVE 3. The aforementioned OR following person(s) is/are appointed or confirmed as Personal Representative(s) (hereafter "Personal Representative"): First Name M.I. Last Name MPC 755 (3/19/12) American LegalNet, Inc. www.FormsWorkFlow.com page 2 of 4 Docket No. Estate of: First Name Middle Name Last Name 4. The Personal Representative shall serve: in unsupervised administration. The Will directs unsupervised 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 5. The Personal Representative shall serve: Without a surety on the bond because: The Will waives the requirement of a surety bond. All of the heirs or all of the 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 sureties on the bond. A Demand for Sureties (MPC 360) has been filed. The Personal Representative's prior bond is re-examined and approved. 6. Letters of Authority for Personal Representative shall be issued. Previously issued Letters of Authority for Personal Representative are confirmed. MPC 755 (3/19/12) American LegalNet, Inc. www.FormsWorkFlow.com page 3 of 4 Docket No. Estate of: First Name Middle Name Last Name 7. The Court further orders: Date Justice Magistrate MPC 755 (3/19/12) American LegalNet, Inc. www.FormsWorkFlow.com page 4 of 4
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