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.
- This page, File a late and limited formal probate for an estate, is offered by
- Probate and Family Court
- Massachusetts Court System
File a late and limited formal probate for an estate
Table of Contents
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
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:
- Petition for Late and Limited Formal Testacy and/or Appointment (MPC 161)
- 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 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 Late and Limited Formal Testacy and/or Appointment (MPC 757)
If the decedent died without a will
You’ll need to file:
- Petition for Late and Limited Formal Testacy and/or Appointment (MPC 161)
- 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 Late and Limited Formal Testacy and/or Appointment (MPC 757)
Additional 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
- 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 2. Fill out the forms
Additional Resources for 2. Fill out the forms
Open PDF file, 210.76 KB, for
Checklist for Formal Late and Limited Probate (MPC 968)
(English, PDF 210.76 KB)
Open PDF file, 660.47 KB, for
Instructions for Form (MPC 163) Devisees (MPC 959)
(English, PDF 660.47 KB)
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 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 4. File the forms and fees
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.