Section 109. Methods and waiver of notice

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Terms Used In Massachusetts General Laws ch. 203E sec. 109

  • Probate: Proving a will
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.

(a) Notice to a person under this chapter, or the sending of a document to a person under this chapter, shall be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document shall include first-class mail, personal delivery or delivery to the person’s last known place of residence or place of business.

(b) Notice required under this chapter, or a document required to be sent under this chapter, need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.

(c) Notice under this chapter, or the sending of a document under this chapter, may be waived by the person to be notified or sent the document.

(d) Notice of a judicial proceeding, authorized by this chapter to be brought by petition in the probate and family court department of the trial court, shall be given as provided in section 1-401 of chapter 190B. Notice of any other judicial proceeding shall be given as provided in the applicable procedural rules.