File a late and limited formal probate for an estate
Contact for File a late and limited formal probate for an estate
Probate and Family Court locations
The Details of File a late and limited formal probate for an estate
What you need for File a late and limited formal probate for an estate
You may need to petition for late and limited formal probate for several reasons, including if:
- The decedent died on or after March 31, 2012, and
- No original proceeding related to the estate has happened within 3 years of the death, and
- A formal testacy or appointment proceeding is needed only to confirm title in the successors to estate assets.
There are different forms you'll need to file depending on whether or not the decedent 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 if not, a statement of the will's contents
- A certified copy of the death certificate if it's available, or if not, an affidavit
- Citation-Return of Service (MPC 560), which will be issued to you by the court
- Decree and Order on Petition for Late and Limited Formal Testacy and/or Appointment (MPC 757)
You may also need to file:
- Bond (MPC 801) if you want to appoint a personal representative
- Military Affidavit if not all interested parties (anyone having 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 stating 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
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 if not, an affidavit
- Citation-Return of Service (MPC 560), which will be issued to you by the court
- Decree and Order on Petition for Late and Limited Formal Testacy and/or Appointment (MPC 757)
You may also need to file:
- Bond (MPC 801) if you want to appoint a personal representative
- Military Affidavit if not all interested parties (anyone having 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 Domicile (MPC 485) or no conflict of a conservator (an affidavit stating 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
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Fees for File a late and limited formal probate for an estate
You'll need to file one of two petition filing fees depending on whether or not the petition is for a public administrator, as well as surcharge and citation fees.
Name | Fee | Unit |
---|---|---|
Formal late and limited probate petition filing fee | $375 | each |
Formal late and limited probate petition by a public administrator filing fee | $100 | each |
Formal late and limited probate surcharge fee | $15 | each |
Formal late and limited probate citation fee | $15 | each |
How to file File a late and limited formal probate for an estate
Once you have the required forms, file them 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 as well.
More info about File a late and limited formal probate for an estate
To find out how to check the status of your probate case, please see How to search court dockets.