1. Begin the process & give notice
Informal probate is an administrative probate proceeding and is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge.
You'll need to give notice about the probate proceeding to the people entitled to notice by delivering them a written notice at least 7 days before filing an informal petition.
2. Fill out the forms
There are different forms you'll need to file depending on whether or not the decedent (the person who died) died with a will.
If the decedent died with a will
You’ll need to file:
- Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150)
- Surviving Spouse, Children, Heirs at Law (MPC 162)
- Devisees (MPC 163)
- The original will
- A certified copy of the death certificate
- Notice of Informal Probate and Return of Service (MPC 550)
- Order for Informal Probate of Will and/or Appointment of Personal Representative (MPC 750)
- Informal Probate Publication Notice (MPC 551)
If the decedent died without a will
You’ll need to file:
- Petition for Informal Probate of Will and/or Appointment of Personal Representative (MPC 150)
- Surviving Spouse, Children, Heirs at Law (MPC 162)
- A certified copy of the death certificate
- Notice of Informal Probate and Return of Service (MPC 550)
- Order for Informal Probate of Will and/or Appointment of Personal Representative (MPC 750)
- Bond (MPC 801)
- Informal Probate Publication Notice (MPC 551)
Additional forms you may need to file
- Bond (MPC 801) if you want to appoint a personal representative for someone who died with a will
- Military Affidavit 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 the Military Affidavit Instructions for Self-Represented Litigants to help you fill out the Military Affidavit form.
- An authenticated copy of the will (if there is a will) and appointment if it's for an ancillary (additional) probate proceeding
- 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 who's also an heir or devisee (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
Additional resources
3. Gather the fees
Contact the Probate & Family Court location you're filing at to find out what forms of payment they accept for fees.
| Name | Fee |
|---|---|
| Informal probate petition filing fee | $375 |
| Informal probate surcharge fee | $15 |
4. File the forms and fees
Online
You can eFile an informal probate online. For information on how to eFile, please see eFiling in the Probate and Family 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 submit the forms and fees in person at 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.
5. Post a publication notice
Once the informal petition is accepted by the court, you should post a publication notice in one of the newspapers designated by the register within 30 days.