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:
- The original will
- A certified copy of the death certificate
- Petition for informal probate of will/appointment of PR (MPC 150)
- Surviving spouse, children, heirs at law (MPC 162) and you can find instructions for filling out the form here
- Devisees (MPC 163) and you can find instructions for filling out the form here
- Notice of informal probate & return of service (MPC 550)
- Order of informal probate of will and/or appointment PR (MPC 750)
In some cases, you’ll also need:
- If you’re seeing the appointment of a PR: Bond (MPC 801)
- Military Affidavit (MPC 470)
- If it’s an ancillary probate proceeding: an authenticated copy of the will and appointment
- Assent and waiver of notice/renunciation/nomination/waiver of sureties (MPC 455) and you can find instructions for filling out the form here
- Affidavit as to cause of death (MPC 475), domicile (MPC 485), or no conflict of a conservator who is also an heir or devisee
- Proof of guardianship/conservatorship
To file for informal probate if the decedent DID NOT HAVE a will (intestate), you’ll need to file the following forms:
- Certified copy of the death certificate
- Petition for informal probate of will/appointment of PR (MPC 150)
- Surviving spouse, children, heirs at law (MPC 162) and you can find instructions for filling out the form here
- Notice of informal probate and return of service (MPC 550)
- Order of informal probate of will and/or appointment of PR (MPC 750)
- Bond (MPC 801)
In some cases, you’ll also need:
- Military Affidavit (MPC 470)
- Assent and waiver of notice/renunciation/nomination/waiver of sureties (MPC 455) and you can find instructions for filling out the form here
- Affidavit – as to cause of death (MPC 475), domicile (MPC 485), or no conflict of a conservator who is also an heir
- Proof of guardianship/conservatorship
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:
- The original will or a copy of the will’s contents
- A certified copy of the death certificate or an affidavit
- Petition for formal probate of will/adjudication of intestacy/appointment of PR (MPC 160)
- Surviving spouse, children, heirs at law (MPC 162)
- Devisees (MPC 163)
- (This will be issued to you by the court) Citation – return of service (MPC 560)
- Decree and order on petition for formal adjudication (MPC 755)
In some cases, you’ll also need:
- For ancillary probate proceedings only: Authenticated copy of will and appointment
- If seeking the appointment of a PR: Bond (MPC 801)
- Military Affidavit (MPC 470)
- Assent and waiver of notice/renunciation/nomination/waiver of sureties (MPC 455)
- Affidavit – as to cause of death (MPC 475), execution (MPC 480), domicile (MPC 485), or no conflict of a conservator
- Proof of guardianship/conservatorship
- Uniform counsel certification form (CCF 4/07)
To file for formal probate if the decedent DID NOT HAVE a will (intestate), you’ll need to file the following forms:
- Petition for formal probate of will/adjudication of intestacy/appointment of PR (MPC 160)
- Surviving spouse, children, heirs at law (MPC 162)
- Certified copy of death certificate, if available, or affidavit
- (This will be issued to you by the court) Citation – Return of service (MPC 560)
- Decree and order on petition for formal adjudication (MPC 755)
In some cases, you may also need:
- If seeing the appointment of a PR: Bond (MPC 801)
- Military Affidavit
- Assent and waiver of notice/renunciation/nomination/waiver of sureties (MPC 455)
- Affidavit – as to cause of death (MPC 475), domicile (MPC 485), or no conflict of a conservator
- Proof of guardianship/conservatorship
- Uniform counsel certification form (CFF 4/07)
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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