What’s up with the new probate code?

In Massachusetts, we are on the cusp of enacting the Massachusetts Uniform Probate Code (MUPC).  While this has the advantage of streamlining many probate practices, and will bring our systems more into line with many other UPC states, it also provides stiff challenges for attorneys, court personnel, and regular people trying to deal with the death of loved ones.  Changes to probate will be extensive, ranging from who gets what if you die without a will to how and when an estate is subject to formal probate.

The MUPC was supposed to go into effect last July, but has been postponed, first until January and now until the beginning of the second quarter.  The postponements will hopefully allow all the new forms to be created, rules to be written, and any last minute corrections and changes to be put into place.  It also gives the many attorneys who help with probate law a final chance to get into training classes and seminars.  So if your attorney disappears for days or weeks at a time, rest assured that they are off somewhere memorizing the new intestacy laws, and not cruising in the Bahamas…

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