Formal probate matters are usually heard by a judge, and there may be one or more court hearings. Find out how to file a formal probate for an estate and what forms you'll need.
- This page, File a formal probate for an estate, is offered by
- Probate and Family Court
- Massachusetts Court System
File a formal probate for an estate
Table of Contents
1. Fill out the forms
There are different forms you'll need to file depending on whether or not the decedent (the person who has died) died with a will.
If the decedent died with a will
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)
If the decedent died without a will
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)
Other forms you may need to file
- 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
- 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
Some forms may not display correctly in your browser. Please download the forms and open them using Acrobat reader.
Key Actions for 1. Fill out the forms
Additional Resources for 1. Fill out the forms
Open PDF file, 211.46 KB,
Checklist for Formal Probate (MPC 967)
(English, PDF 211.46 KB)
Open PDF file, 523.13 KB,
Instructions for Petition for Formal Probate (MPC963)
(English, PDF 523.13 KB)
Open PDF file, 660.47 KB,
Instructions for Form (MPC 163) Devisees (MPC 959)
(English, PDF 660.47 KB)
2. Gather the fees
Contact the Probate & Family Court location you're filing at to find out what forms of payment they accept for fees.
| Name | Fee |
|---|---|
| Formal probate petition filing fee | $375 |
| Formal probate surcharge fee | $15 |
| Formal probate citation fee | $15 |
3. File the forms and fees
There are 3 ways you can file a formal probate.
Online
You can eFile a formal probate online. For information on how to eFile, please see Learn about eFiling in the Trial Court.
By mail
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.
In person
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.
Key Actions for 3. File the forms and fees
4. Serve the citation
You need to give written notice and publication notice before the petition can be accepted. After you file and pay for the petition, the Registry of Probate will issue a formal notice to you. The formal notice is called a citation. You'll need to serve a copy of the citation on all interested persons and publish a copy in the newspaper listed in the Order of Notice.
Additional Resources for 4. Serve the citation
Open PDF file, 4.28 MB,
MUPC Estate Administration Procedural Guide
(English, PDF 4.28 MB)
5. Check the status of your case
To find out how to check the status of your probate case, please see How to search court dockets.