Massachusetts Uniform Probate Code Delayed 90 Days

Friday, December 30, 2011

Today, Governor Patrick signed into law a bill that extends the effective date of the Massachusetts Uniform Probate Code, G.L. c. 190B (MUPC ) -- as it applies to estates and trusts -- to March 31, 2012.  The MUPC was set to take effect on January 2, 2012.  The Boston Bar Association has been advocating for the implementation of the MUPC for more than twenty years and will continue to work with the Legislature and the Probate and Family Court to ensure that these important provisions become law. 

"This landmark piece of legislation improves what was an unacceptable situation concerning the appointment and conduct of guardians," said BBA President Lisa C. Goodheart.  "The MUPC will also simplify the probate process for families and our courts while expediting the process for administering estates."  The MUPC facilitates the appointments of executors and also provides options for choosing informal or formal procedures to open and close probate matters. 

The MUPC became effective for guardianship on July 1, 2009.  Still under consideration by the Legislature is a bill establishing a uniform trust code, containing technical corrections to the MUPC, and granting the Probate and Family Court statutory authority to collect fees under the MUPC.

The Probate and Family Court's statement on the delay including amended Standing Order 5-11 and revised forms and instructions can be found here.