New Probate Law Delayed

The new Massachusetts Uniform Probate Code, which was scheduled to take effect on January 2, 2012, had its effective date pushed back 90 days by a bill that was signed by Governor Patrick on December 30, 2011.  The new effective date is March 31, 2012 according to this directive from the Probate and Family Court.

The amended law - whenever it may take effect - should have a significant impact on registries of deeds and land records.  Now, when a beneficiary of a will or an estate takes real estate directly from the decedent, the executor or administrator will create a Deed of Distribution that will be recorded at the Registry of Deeds.  Previously, the only evidence of such a transference of title of real estate could be found in the probate records themselves.  Nowhere at the deeds registry would there be an indication of a change of ownership. 

Once this new law is in effect and those who practice in this area work out its details through their everyday experience, we will probably find that this new law is a positive development.