[ Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 13. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]
Section 7. If no executor is named in a will, or if all the executors therein named are dead or incompetent or refuse to accept the trust or if the executor is under indictment for, or has been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased, or if, after being duly cited therefor, the executor neglects to accept the trust, or if he neglects for thirty days after the probate of the will to give bond according to law, the court shall commit administration of the estate, with the will annexed, to any person interested in the will of said deceased, to any creditor of the deceased or to any suitable person, who is not under indictment for, or has not been convicted of, murder in the first or second degree, or manslaughter, or accessory before the fact of such crimes, against the deceased; but after the expiration of said thirty days, and before letters of administration with the will annexed have been granted, the court may grant letters testamentary to any person named as executor who gives the bond required by law. If a person named as executor in a will petitions for the probate of the same and dies, declines or becomes unable to act before final decree is entered on said petition, any person interested in the will of said deceased, or any creditor of the deceased, or any suitable person, may, on petition, be allowed to enter and to prosecute the original petition for probate, to apply for letters of administration with the will annexed, and to act and proceed in any proposed compromise under sections fifteen and sixteen of chapter two hundred and four. If it appears that there are no known heirs or legatees or devisees under the will of the deceased, or when so designated by the division of medical assistance pursuant to subsection (e) of section thirty-two of chapter one hundred eighteen E a public administrator of the county shall be appointed to the trust.