01.15.09
Probate and Guardianship Reform Enacted in Massachusetts
Estate and guardianship law and procedure in Massachusetts have been significantly modernized by the enactment on January 15, 2009 of the first comprehensive codification of probate law in the Commonwealth.
The new Massachusetts Probate Code introduces a flexible system for administering estates of deceased persons, permitting as little or as much oversight by the Court as may be appropriate for the needs of families inheriting wealth.
The time needed to open a probate will be shortened while at the same time the protections available for beneficiaries will be increased by enactment of a new optional informal probate system currently available in many other states. Estates may be more quickly and efficiently administered in the vast majority of situations where no controversy exists. Privacy of family financial information will also be protected. Surviving spouse’s rights are improved while also protecting shares of estates for children of prior marriages.
Guardianships for incapacitated persons will be more protective of their individual rights. Individuals subject to guardianship proceedings will no longer be stigmatized by reference to a “mentally illness” and loss of personal rights will be limited as circumstances require. Greater disclosure of a person’s needs and limitations will be needed before a guardian may be appointed and guardians will be required to make regular reports of the care and condition of their wards.
The Massachusetts Probate Code was drafted and sponsored by the Massachusetts Bar Association and the Boston Bar Association and is a joint effort of judges, Registers of Probate and guardianship public interest groups.