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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More info for 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.