Tuesday, December 27, 2011

Massachusetts Uniform Probate Code

Uniform Probate Code delayed to March 31

Almost three years ago, the Massachusetts legislature voted to adopt and implement the new Massachusetts Uniform Probate Code, which substantially changes the probate process in Massachusetts as well as matters relating to guardians, conservatorships and other matters under the jurisdiction of the Probate Court.  The new law was to go into effect on January 2, 2012; however it has recently been announced that the House voted to delay implementation of the new Massachusetts Uniform Probate Code until March 31, 2012.  The Senate is expected to vote similarly this week.

This does not come as a surprise to me, since as of last week one Probate Court clerk indicated that there are no forms or procedures yet in place to support the new procedures mandated by this law.  This is not the first postponement of the Code's implementation.  Time will tell whether the March 31 deadline will be met, or whether a further postponement will occur.  So for now, probate in Massachusetts remains as it has for a century or more.

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