Massachusetts General Laws ch. 190B sec. 3-409 – Formal testacy proceedings; order; foreign will
Section 3–409. [Formal Testacy Proceedings; Order; Foreign Will.]
Terms Used In Massachusetts General Laws ch. 190B sec. 3-409
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Decedent: A deceased person.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Venue: The geographical location in which a case is tried.
After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 3–108, it shall determine the decedent‘s domicile at death, the heirs and the status of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, shall be governed by section 3–612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death, may be proved for probate in the commonwealth by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.