Massachusetts General Laws ch. 190B sec. 3-612 – Termination of appointment; change of testacy status
Section 3–612. [Termination of Appointment; Change of Testacy Status.]
Terms Used In Massachusetts General Laws ch. 190B sec. 3-612
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Probate: Proving a will
Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, shall not terminate the appointment of the personal representative although the personal representative’s powers may be reduced as provided in section 3–401. Termination shall occur upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 30 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative, upon request, may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.