MUPC Comes Into Effect

Monday, April 02, 2012

This article was originally posted on the Trusts & Estates Section Blog. Click here to view the original post.

On Saturday, March 31, 2012, Articles I, II, III, IV, VI and VII of the Massachusetts Uniform Probate Code, G.L. c. 190B (the “MUPC”) became effective. Today, Monday, April 2, 2012, is the first day that the Massachusetts Probate and Family Court will operate under the new law. The MUPC makes important changes to Massachusetts probate and estate administration procedures. Most significantly, personal representatives may now choose between informal and formal probate and administration.

Article V of the MUPC, containing provisions pertaining to guardianships and conservatorships, became effective on July 1, 2009. The remainder of the MUPC was originally scheduled to become effective on July 1, 2011, but was twice delayed (as discussed here and here). 

The MUPC may be found here. A press release from the Probate and Family Court regarding the effective date, as well as new MUPC probate and estate forms and a 139 page estate administration procedural manual, may be found here. For some comments by practitioners regarding how the MUPC may affect their practices, see here.

The Boston Bar Association continues to push for passage of the Massachusetts Uniform Trust Code, certain provisions of which would supersede corresponding provisions of the MUPC. We will keep you posted with any further developments in this regard.