MUPC magistrates; scope of delegable duties; effect of decree and orders entered in formal proceedings

This rule shall govern the designation and duties of magistrates pursuant to the provisions of G. L. c. 190B . a) Magistrates' designation The first justice of each division of the Probate and Family Court may, with the approval of the Chief Justice of the Probate and Family Court, designate one or more qualified officials of the court to act as magistrate pursuant to G. L. c. 190B, § 1-307 , by a written order filed and recorded in the registry of the court. A register of the Probate and Family Court shall be designated as magistrate pursuant to G. L. c. 190B, § 1-307 , by the first justice of the division in which he or she serves, upon his or her written request to the first justice, and with the approval of the Chief Justice of the Probate and Family Court. A first assistant register, assistant register or deputy assistant register, may be designated as magistrate, pursuant to G. L. c. 190B, § 1-307 , by the first justice of the division in which he or she serves, subject to specific authorization by the register, and with the approval of the Chief Justice of the Probate and Family Court. An official designated as magistrate by the first justice may not delegate the power, responsibilities or duties without the prior approval of the first justice. b) Magistrates' removal An individual designated as magistrate pursuant to section (a) may be removed from that office by the first justice of the division, with the approval of the Chief Justice of the Probate and Family Court, by a written order revoking the order of designation filed and recorded in the registry of the court. c) Scope of delegable duties A magistrate designated pursuant to section (a) may perform the acts and issue orders as specified in G. L. c. 190B , including, but not limited to, informal proceedings and the following administrative duties, all as exercised under the supervision of the first justice of the division where he or she serves, unless otherwise ordered by the court: To approve any bond of a personal representative in an informal proceeding; To approve the bond of a guardian or conservator; To admit a valid and unrevoked will to formal probate under § 3-409 and determine heirs, if uncontested or assented to in writing, or if there is no objection to such admission or determination by any interested person; To appoint a personal representative with priority for appointment in an unsupervised administration, determine heirs and approve any bond of the personal representative in a formal proceeding, if uncontested or assented to in writing, or if there is no objection to such appointment by any interested person; To enter orders and decrees on accounts, including a decree and order for complete settlement of the estate in formal proceedings, if uncontested or assented to in writing, or if there is no objection to the entering of such order by any interested person; To perform such other acts as the court may authorize as necessary or incidental to the conduct of informal and uncontested formal proceedings. d) Effect of decree and orders entered in formal proceedings A magistrate acting on an unopposed petition in a formal proceeding must indicate that the action was taken by the magistrate and not by a justice. Any interested person aggrieved by the action of a magistrate in a formal proceeding may be heard by a justice provided that a motion for a hearing is filed within five days of the date of the entry of the formal decree.