Massachusetts General Laws ch. 191B sec. 12 – Appointment of personal representative or trustee
Section 12. (a) The person named in the will as personal representative or trustee shall be entitled to serve, if qualified, as personal representative or trustee.
Terms Used In Massachusetts General Laws ch. 191B sec. 12
- Decedent: A deceased person.
- Testator: A male person who leaves a will at death.
- Trustee: A person or institution holding and administering property in trust.
(b) If a qualified person is not named in the will as personal representative, or the named person is incapacitated, unwilling to serve, or dead, and a qualified alternate is not named in the will, priority for appointment as personal representative is determined by the law of the state of decedent‘s domicile at death.
(c) If a qualified person is not named in the will as trustee, or the named person is incapacitated, unwilling to serve, or is dead, and a qualified alternate is not named in the will, the personal representative may appoint, without court approval, a qualified person, including a person serving as personal representative, to serve as trustee.
(d) If a personal representative or trustee resigns, is removed, becomes incapacitated, or dies, the surviving spouse or, if there is no surviving spouse or the surviving spouse is unable or unwilling to act, a majority of the adult children of the testator, may appoint a qualified successor personal representative or trustee.
(e) In all other cases, personal representatives and trustees shall be appointed by the court.