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File a late and limited formal probate for an estate

Find out how to file a late and limited formal probate for an estate and what forms you'll need.

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:

You may also need to file:

If the decedent died without a will

You’ll need to file:

You may also need to file:

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

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.

Downloads for File a late and limited formal probate for an estate

Contact for File a late and limited formal probate for an estate

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