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File a late and limited formal probate for an estate

There are a few reasons why you may need to file for late and limited formal probate. Find out how to file a late and limited formal probate for an estate and what forms you'll need.

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1. Find out if you need to file for a late and limited formal probate

You may need to file for late and limited formal probate for a few reasons, including if:

  • The decedent died on or after March 31, 2012, and
  • No original estate proceeding has happened within 3 years of the death, and
  • You only need a formal testacy or appointment proceeding to confirm ownership of probate assets.

Otherwise, please see Learn about the types of probate for an estate to find out which type of probate the estate qualifies for.

Key Actions   for 1. Find out if you need to file for a late and limited formal probate

Find out when it’s necessary to probate an estate  Learn about the types of probate for an estate 

2. 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:

If the decedent died without a will

You’ll need to file:

Additional forms you may need to file

Some forms may not display correctly in your browser. Please download the forms and open them using Acrobat reader.

Key Actions   for 2. Fill out the forms

What to do if you can't open court PDFs 

Additional Resources   for 2. Fill out the forms

Open PDF file, 210.76 KB,  Checklist for Formal Late and Limited Probate (MPC 968) (English, PDF 210.76 KB)
Open PDF file, 1.35 MB,  Instructions for Form (MPC 162) Surviving Spouse, Children, Heirs at Law (MPC 958) (English, PDF 1.35 MB)

3. Gather the fees

You'll need to file one of two petition filing fees depending on whether or not the petition is for a public administrator, and a surcharge and citation 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 late and limited probate petition filing fee $375
Formal late and limited probate petition by a public administrator filing fee $100
Formal late and limited probate surcharge fee $15
Formal late and limited probate citation fee $15

4. File the forms and fees

There are 3 ways you can file a late and limited formal probate.

Online

You can eFile a late and limited formal probate online. For information on how to eFile, please see eFiling in the Probate and Family 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 4. File the forms and fees

Find your Probate & Family Court  Learn about eFiling in the Trial Court 

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.

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