In the Matter of the Estate of Slavin

Summary

The Massachusetts Supreme Judicial Court held that a voluntary personal representative appointed under G.L. c. 190B, § 3‑1201 is a "prior appointment" for purposes of the exception in § 3‑108, making a later formal petition for appointment timely even though filed after three years. Accordingly, the court reversed the lower court’s dismissal and remanded for further proceedings.