Massachusetts Probate Forms [Quick Guide]

Probate forms Massachusetts

The death of a loved one is never easy, even when the person passing away was elderly. After the whirlwind of the funeral comes settling the estate which can be an overwhelming process. To help you navigate this difficult time and find the easiest path through all the legalities, this quick guide will show you exactly what you need to know and where to find the necessary probate forms.

What is probate?

Probate is the legal process through which a deceased’s family member is given the authority to settle their estate. This may be paying outstanding debts, gathering their assets, dealing with taxes, and the distribution of assets according to the will (if there is one) or Massachusetts interstate distribution laws (if there isn’t).

How do I file for probate in Massachusetts?

The most common type of probate is an informal probate proceeding. To file for this form of probate, you need to notify anyone who may be a beneficiary of the estate at least 7 days before you file for informal probate with the court. You must also place a notice in a newspaper circulated in the county where they lived within 30 days.

A petition can be made by any interested party; that includes creditors as well as children, spouses, heirs, devisees, beneficiaries, and anyone else who has a right to their estate.

You can find full instructions on how to file INFORMAL probate (with or without a will) here.

The other form of probate is known as formal probate, which is necessary for more complicated estates, such as some heirs being “lost” or where there are disagreements between the heirs about the estate. This type of probate must be conducted by a judge.

You can find full instructions on how to file FORMAL probate (with or without a will) here.

In the next section, we’ll guide you through all the forms you need to file and where you can find them.

Massachusetts Probate Forms

To file for INFORMAL probate

To file for informal probate if the decedent HAD a will (testate), you’ll need to file the following forms:

In some cases, you’ll also need:

To file for informal probate if the decedent DID NOT HAVE a will (intestate), you’ll need to file the following forms:

In some cases, you’ll also need:

Use the instructions you can find HERE to guide you through which forms you need to fill out.

You can find a complete list of forms and instructions on how to fill out each form here.

To file for FORMAL probate

To file for formal probate if the decedent HAD a will (testate), you’ll need to file the following forms:

In some cases, you’ll also need:

To file for formal probate if the decedent DID NOT HAVE a will (intestate), you’ll need to file the following forms:

In some cases, you may also need:

Once you’ve filed the forms and paid the filing fee (totals $400), you’ll need to wait for probate to be granted.

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