File a formal probate for an estate

You’ll need to file:

• Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160)
• Surviving Spouse, Children, Heirs at Law (MPC 162)
• Devisees (MPC 163)
• The original will if it's available, or a statement of what is in the will if it’s not
• A certified copy of the death certificate if it's available, or an affidavit if it’s not
• Citation-Return of Service (MPC 560), which the court will give you
• Decree and Order on Petition for Formal Adjudication (MPC 755)

You’ll need to file:

• Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160)
• Surviving Spouse, Children, Heirs at Law (MPC 162)
• A certified copy of the death certificate if it's available, or an affidavit if it’s not
• Citation-Return of Service (MPC 560), which the court will give you 
• Decree and Order on Petition for Formal Adjudication (MPC 755)

• Bond (MPC 801) if you want to appoint a personal representative
• Military Affidavit if not all interested parties (anyone who has a property right in or claim against an estate) agree to the petition. If you do not have a lawyer and are representing yourself in a case, use the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.
• An authenticated copy of the will and appointment if it's for an ancillary (additional) probate proceeding
• Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (MPC 455)
• Cause of Death Affidavit (MPC 475), Affidavit of Witness to Will (MPC 480), Affidavit of Domicile (MPC 485) or no conflict of a conservator (an affidavit that says a conservator of an incapacitated person or minor with an interest in the estate has no conflict of interest)
• Proof of guardianship or conservatorship
• Uniform Counsel Certification Form 

You can eFile a formal probate online. For information on how to eFile, please see eFiling in the Probate and Family Court.

You can mail the forms and fees to the correct Probate & Family Court.

• If the decedent lived in Massachusetts — File in the county where they lived when they died.
• If the decedent didn't live in Massachusetts — File in any county where the decedent had property when they died. You may need to file additional forms in the state where the decedent lived too.

You can file the forms and fees in person at the correct Probate and Family Court.

• If the decedent lived in Massachusetts — File in the county where they lived when they died.
• If the decedent didn't live in Massachusetts — File in any county where the decedent had property when they died. You may need to file additional forms in the state where the decedent lived too.