[ Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 14. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]

  Section 8. An executor or administrator who is appointed in, but resides out of, the commonwealth shall not enter upon the duties of his trust nor be entitled to receive his letter of appointment until he shall, by a writing filed in the registry of probate for the county where he is appointed, have appointed an agent residing in the commonwealth, and, by such writing, shall have agreed that the service of any legal process against him as such executor or administrator, or that the service of any such process against him in his individual capacity in any action founded upon or arising out of any of his acts or omissions as such executor or administrator, shall, if made on said agent, have like effect as if made on him personally within the commonwealth, and such service shall have such effect. Said writing shall state the name and address of the agent. An executor or administrator who, after his appointment, removes from, and resides without, the commonwealth shall so appoint a like agent.