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.

Steps to file a late and limited formal probate for an estate

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, you can Learn about the types of probate for an estate to find out which type of probate the estate qualifies for.

   When to probate an estate

2. Fill out the forms

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   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	You’ll need to file
   With a will	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)
   Without a will	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 (PDF) if not all interested parties (anyone who has a property right in or claim against an estate) agree to the petition. If you do not have a lawyer and are representing yourself in a case, use these Military Affidavit Instructions for Self-Represented Litigants (PDF) to help you fill out the Military Affidavit form.
   • 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 

   Checklist for Formal Late and Limited Probate (MPC 968)

   Instructions for Form (MPC 162) Surviving Spouse, Children, Heirs at Law (MPC 958)

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 and 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 visit eFiling in the Probate and Family Court.

   By mail

   You can mail the forms and fees to 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.

   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.

   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 refer to How to search court dockets.