INSTRUCTIONS FOR LATE AND LIMITED FORMAL TESTACY AND/OR APPOINTMENT 

These general instructions are for informational purposes only and do not constitute legal advice.  Please consult an 
attorney if you have specific questions.  Court staff cannot provide legal advice or assist you with legal decisions.   

GENERAL INFORMATION  

A Petition for Late and Limited Formal Testacy and/or Appointment is heard by a judge and may involve one or more 
hearings before the court.  The court may accept a petition to: 
 

1)  admit the decedent’s will to formal probate and determine both the heirs and devisees; 
2)  determine that the decedent died without a will and determine the heirs; 
3)  appoint a personal representative to administer the estate, including a person designated as a public 

administrator, in a supervised or unsupervised administration;  

4)  appoint a special personal representative pending the appointment of the personal representative in the formal 

 Petition for Late and Limited Formal Testacy and/or Appointment may be required for several reasons, including if: 

 

the Decedent died on or after March 31, 2012; and 

proceeding. 

  A

 

  NO original proceeding relative to the estate has occurred within the three (3) year period after death; and 

  a formal testacy or appointment proceeding is necessary for the limited purpose of confirming title in the 

successors to estate assets.   

ALERT:  A late and limited appointed personal representative may not seek a license to sell real estate of the decedent. 
The personal representative’s authority is limited to confirming title to estate assets in the successors and paying 
expenses of administration, if any.   

FILING FEES 

The total fee required to file a formal late and limited petition is $405.00. The fee is broken down as follows:   $375.00 
for the filing of the petition, a $15.00 surcharge to assign a docket number, and a $15.00 citation fee.   The filing fee of 
$405.00 includes the initial appointment bond, citation, and initial court issued Letters of Authority, but does not include 
publication costs.    

The total fee to file a formal late and limited petition by a Public Administrator is $130.00.  The fee is broken down as 
follows:  $100.00 for the filing of the petition, a $15.00 surcharge to assign a docket number, and a $15.00 citation fee.   
The filing fee of $130.00 includes the initial appointment bond, citation, and the initial court issued Letters of Authority, 
but does not include publication costs.     

OTHER FEES 

The following court fees are optional and will only be assessed upon request: 

□  Additional Letters of Authority = $25 each 
□  Copy, attested = $2.50 per page; □  Copy, unattested = $1.00 per page 
 

COMMON TERMS 

Docket Number:  The number the court assigns to your case.   

Petitioner:  Interested persons identified by Massachusetts law who can file a petition.   

Decedent:  The person who died. 

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Heirs at Law:  Persons entitled to receive the decedent’s property under the intestacy succession laws if there is no will.   

Devisees: Persons, entities, charitable organizations, or trusts designated in a will to receive the decedent’s personal or 
real property.  In the case of a devise to an existing trust or trustees, or to a trustee or trust established by the will, the 
trust or trustee is the devisee and the beneficiaries are not devisees.   

Probate Estate:  All of the real and personal property the decedent owned in his or her name alone on the date of death 
that is subject to probate. 

Interested Persons:  Persons identified by Massachusetts law who can file a petition and who also must be notified of 
the court proceeding.  The term may include a surviving spouse, children, heirs at law, devisees, creditors, fiduciaries 
representing interested persons and persons having priority for appointment as personal representative, depending on 
the circumstances. 

Intestate:  An estate in which the decedent did not leave a will. 

Testate:  An estate in which the decedent did leave a will. 

Letters of Authority:  A document issued by the court evidencing the personal representative’s authority to act. 

Nominee:  The person seeking to be appointed personal representative. 

Personal Representative:  A person at least 18 years of age who has been appointed to administer the estate of the 
decedent. 

FORMS 

There are several forms that need to be completed before a will can be formally probated and/or a personal 
representative appointed.  Forms may be obtained: 
 

1)  from the registry in each county Probate and Family Court; or 
2)  from the MUPC Hub located on the Probate and Family Court’s website at 
http://www.mass.gov/courts/forms/pfc/pfc-mupc-forms-generic.html 

ou may complete a form online and print or you may print the form and type or print legibly in black or blue ink.  The 
following court approved forms and documents must be filed depending on whether the decedent died with a will 
(testate) or without a will (intestate): 
            

                 

                   

                       

  Y

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STEP 1:  Complete All Forms 

STEPS TO FILING YOUR CASE 

You must complete all applicable sections of each form.  If you are unsure how to complete a form, see the Instructions 
associated with that form or see the MUPC Estate Administration Procedural Guide located at 
http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/mupc-procedural-guide.pdf 

□  Petition for Late and Limited Formal Testacy and/or Appointment of Personal Representative (MPC 161) 

  Complete all applicable sections of this form.   

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  Pay careful attention to the caption.  Put an “X” next to “Original Form” if this is the first time you are filing this 
form; put an “X” next to “Amended Form” if you have previously filed this form with the court and are now 
changing the information.   NOTE:  A formal petition may be amended as a matter of right prior to an 
appearance being filed before 10:00 a.m. on the return day.  Thereafter, a motion must be filed requesting court 
approval along with an amended petition.  See Rule 7 of the Supplemental Rules of the Probate and Family 
Court.   
 

                       

           
 

 

 

 

ALERT:  The petitioner must certify on the petition that the petitioner gave notice once by citation to the Division of 
Medical Assistance.  To do so, the petitioner shall send a copy of the citation when issued by the court together with a 
copy of the petition and death certificate by certified mail at least fourteen (14) days before the return day to the 
Division of Medical Assistance, Estate Recovery Unit.  As of the time of this publication, the address is P. O. Box 15205, 
Worcester, MA 01615-0205.  The Division of Medical Assistance is NOT the court.  For additional notice requirements, 
see Step 3 below. 

□  Surviving Spouse, Children, Heirs at Law (MPC 162)  

  This form must be filed in ALL cases to identify a decedent’s surviving spouse, children and heirs at law.   
  Complete all applicable sections of this form.  For line by line instructions, see the Instructions (MPC 958). 
  Failure to submit this form will result in a delay in processing your case. 

  This form must be filed if the petitioner is seeking to probate the decedent’s will. 
  Complete all applicable sections of this form.  For line by line instructions, see the Instructions (MPC 959). 
  Failure to submit this form will result in a delay in processing your case. 

□  Devisees (MPC 163) 

□  Bond (MPC 801)  

  This form must be filed if the petitioner is requesting the appointment of a personal representative.  No bond is 

 

necessary if the petitioner is requesting only to probate an original will.   
If a bond with sureties is required, the petitioner must state the penal sum in a dollar amount.  Failure to state a 
dollar amount subjects the sureties to unlimited liability.   

  Complete all applicable sections of this form.  This form must be signed by the personal representative. 

□  Military Affidavit (MPC 470)  

are filed. 
 

  This form must be filed UNLESS the written assents and waivers of notice (MPC 455) of all interested persons 

□  Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (MPC 455)  

  This form must be filed if the petitioner is requesting the appointment of a personal representative who does 

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NOT have statutory priority for appointment and there is no need for a court hearing on that issue.   

  This form must be filed if the petitioner is seeking to waive sureties on the bond of a personal representative 

and any will filed for probate does not expressly waive such sureties.   

  This form may be filed to assent and waive notice by any interested person.   

  Affidavit as to Cause of Death (MPC 475)   

  This form must be filed if the decedent’s cause of death is listed on the death certificate as “homicide” or 

“pending”.  Other causes of death do not require the Affidavit. 
 

□  Affidavit of Witness to Will (MPC 480) 

  This form must be filed if evidence concerning the execution of a will is necessary.  

  This form must be filed if the address of the decedent is incorrectly listed on the death certificate.  

  Affidavit of Domicile (MPC 485)  

 

□  Uniform Counsel Certification (CCF 407)  

  This form must be filed by the attorney for the petitioner, if represented.   
 

□  Decree and Order on Petition for Late and Limited Formal Testacy and/or Appointment (MPC 757) 

  This form must be filed in ALL cases prior to allowance. 
  The petitioner is required to complete all applicable sections in preparation for the court’s signature.   

TEP 2:   Obtain Other Documents for Filing 

□  Certified Copy of the Death Certificate 

  A certified copy of the decedent’s death certificate must be filed. 
  Death certificates can be obtained from the Town Hall where the person was residing at the time of death or 

from the Registry of Vital Records and Statistics.  For information, see 
http://www.mass.gov/eohhs/gov/departments/dph/programs/admin/dmoa/vitals/obtaining-certified-copies-
of-vital-records.html.  
If the decedent’s death certificate is unavailable, a certified or authenticated copy of a death certificate issued 
by an official or agency or a record or report of death by a governmental agency may be filed.  The fact of death 
may be established by other evidence, including circumstantial evidence.   

□  Original Will  

  The original will must be filed if the decedent died with a will and the petitioner is offering the decedent’s last 

will and any codicil(s) for probate. 
If the original will is unavailable, a copy may be filed or a statement of its contents. 

ALERT:  A formal petition must be filed to probate a copy of a will or a will with cancellations or interlineations.  

  Proof of Guardianship/Conservatorship  

If an heir or devisee is an incapacitated or protected person or a minor and is not represented by a conservator, 
or is only represented by a guardian who is the petitioner, the court must determine if a guardian ad litem is 
necessary.  Minor children of the decedent do not require the appointment of a guardian or conservator UNLESS 

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  □

  □

  S

  □

 

 
 

 

 

they are also an heir or devisee. The appointment of a guardian ad litem may be waived by the court upon a 
motion filed with the petition. 
If a guardian or conservator is already appointed, the petitioner shall be required to present proof in the form of 
a docket number if appointed within the division in which the filing is being made or, if appointed from another 
division or from a court outside of Massachusetts, a certified copy of Letters of guardianship or conservatorship.   
 

□  Affidavit of Conservator  

 

If a conservator of an incapacitated person, protected person or a minor also has an interest in the decedent’s 
estate as an heir or devisee, the conservator must file an affidavit stating specific facts to warrant a conclusion 
by the court that a conflict of interest does not exist between the conservator and person(s) represented. 
  Failure to submit an affidavit or to state sufficient facts to support the conclusion that a conflict of interest does 

not exist may result in the appointment of a guardian ad litem. 
 

STEP 3:  File Papers with the Court 

  Provide the court with the required forms and documents completed above and pay the filing fee.   
  The form and documents should be filed in the county Probate and Family Court where the decedent was 

domiciled at the time of death; OR if the decedent was not domiciled in Massachusetts, in any county where 
property of the decedent was located at the time of death.  

  For a listing of Massachusetts counties and the cities and towns within, see 

https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.   

 

 

**Important Information – Please Read** 
Review all completed forms for accuracy prior to filing with the court.  If you do not understand any form, do not sign 
it!  Please consult an attorney for legal advice.  Court staff cannot provide legal advice or assist you with legal 
decisions. 

 

STEP 4:  Provide Citation Notice to Interested Persons and Notice by Publication 

□  Citation for Formal Adjudication (MPC 560) 

  After the filing of the petition, the court shall fix a return date and issue a citation.   Review the Order of Notice 
carefully.  Note:  The return date listed in a citation is NOT a hearing date.  It is the deadline date by which an 
interested party must file his or her written appearance if he or she wishes to contest a formal petition.    
  At least fourteen (14) days prior to the return day, the petitioner must provide a copy of MPC 560 either by in-
hand delivery or by registered, certified or ordinary first-class mail to the following interested persons (unless 
they have assented and waived their right to notice by completing form MPC 455): 

1)  surviving spouse; 
2)  children*; 
3)  other heirs of the decedent; 
4)  devisees and executors named in any will that is being, or has been probated, or offered for informal or formal 
probate in the county, or that is known by the petitioner to have been probated, or offered for informal or 
formal probate elsewhere; 
5)  any devisee that is a charity; 
6)  any personal representative of the decedent whose appointment has not been terminated; 
7)  any other person; 
8)  a conservator or guardian appointed to represent an heir or devisee who is a minor, incapacitated or protected 

person and the person represented regardless of age; 

9)  the Attorney General of Massachusetts, if there is no spouse or heir of the decedent or any devisee is a charity; 
10) any other person as the petitioner elects. 

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  The petitioner must also give notice by publication by publishing a copy of the citation once in a newspaper 

designated by the register of probate having general circulation in the county where the proceeding is pending, 
at least 7 days prior to the return date.   

  The petitioner must file with the court the Return of Service stating the names of persons served, how served 
and the date of service.  The petitioner must also include details regarding the publication.  If a person entitled 
to notice has assented and waived their right to notice, the petitioner must include the written assent and 
waiver of notice (MPC 455).  

WHAT TO EXPECT NEXT  

 

 

 

If the petition is uncontested, the court may enter appropriate orders after the return date on the strength of 
the pleadings if satisfied that all conditions are met or the court may conduct a hearing and require proof of the 
matters necessary to support the order sought. 
If the petition is contested, the petitioner must file a Request for a Case Management Conference or other 
applicable form.  The division’s judicial case manager may be consulted for further information regarding the 
scheduling of a hearing date.    

  Once approved or denied, a copy of the Formal Decree and Order will be provided to the petitioner by mail or 

in-person.  
If a formal appointment has been approved, the registry shall be responsible for providing a copy of the Letters 
of Authority to the petitioner either in hand or by mail.   
 

WHERE CAN I FIND MORE INFORMATION? 

A detailed description of each probate process can be found in the MUPC Estate Administration Procedural Guide:  A 
Guide to Estate Administration Practices & Procedures in the Probate and Family Court, located at:   
http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/mupc-procedural-guide.pdf. 
 

 

   Notice by Publication  

□ Return of Service  

  □

 

ALERT:  *Children must be given notice even if they are NOT an heir or devisee.   

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