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the Massachusetts Uniform Probate Code, G. L.
c. 190B should be consulted.
iling Fee. There is no fee to file this form.
iling with the Court. This form must be filed
with the petition to which it relates. Failure to
submit this form with the petition to which it
relates will result in a delay in processing your
case.
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Thereafter, a party may amend after an
appearance has been filed only by leave of
court or by written consent of all parties.
See generally, Rules 3 and 7 of the
Supplemental Rules of the Probate and
Family Court and Rule 15 of the
Mass.R.Civ.P.
Docket Number
f known, fill in the docket number assigned by
the court or leave blank if not yet assigned.
Decedent’s Name and Date of Death
nter the name of the deceased and date of
death.
here are specific rules that govern
when a pleading can be amended. In
an informal proceeding, an Informal
Petition (MPC 150), Surviving Spouse,
Children, Heirs at Law (MPC 162) or
Devisees (MPC 163) form may only be
amended by a party prior to allowance. In a
formal proceeding, a Formal Petition (MPC
160), Surviving Spouse, Children, Heirs at
Law (MPC 162) or Devisees (MPC 163) form
may be amended by a party as a matter of
course prior to an appearance being filed
before 10:00 a.m. on the return day.
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Original or Amended Form
ut 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.
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MPC 959 (4/15/16)
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Instructions for Form (MPC 163) - Devisees
bout This Form
orm Use. This form must be used to identify a
Decedent’s devisees. Devisees are 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. For additional information,
op of the Form
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Division
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nter the name of the county Probate and
Family Court where this form will be filed.
(Example: Suffolk Division, Middlesex Division,
Plymouth Division, etc.).
ine 1 - Information Regarding Decedent’s Will
ALL PETITIONERS MUST COMPLETE LINE 1.
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Date of Will and Codicil
nter the date of the Decedent’s will filed for probate. Put an “X” in the box to indicate if a codicil is
filed and enter the date(s) of all codicils.
Line 2 - Information Regarding Surviving Devisees
ALL PETITIONERS MUST COMPLETE LINE 2.
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charitable organization or entity. If a devise is
to a class, enter the name and address of each
member of the class.
If a devisee is no longer living at the time of this
filing, you may omit the address. You must
provide additional information regarding the
since deceased devisee in line 6 of this form.
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Name and Address
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Enter the name and complete address of all
devisees named in the will to inherit personal or
real property who were living at the time of the
Decedent’s death. If a devise is to an existing
trust or trustees, or to a trustee or trust
established by the will, enter the name of the
trust and the names and complete address of
the trustees. Do not enter the name of trust
beneficiaries. If a devise is to a charity or entity,
enter the name and complete address of the
MPC 959 (4/15/16)
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If any devisee is under a legal
disability (a minor, an adjudicated
or an alleged incapacitated or
protected person, a person unborn
or unascertained) you must
provide additional information
regarding the devisee in line 5 of this form.
Relationship to Decedent; Minor
Identify the devisee’s relationship to the
Decedent (daughter, spouse, sister, friend,
charity, trustee, etc.). If a devisee is a minor,
you must check the “Yes” box. You must
provide additional information regarding the
minor devisee in line 5 of this form.
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Line 3 - Information Regarding Predeceased Devisees
Complete Line 3 ONLY if there are devisees who died before the Decedent.
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Relationship to Decedent
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dentify the devisee’s relationship to the
Decedent (daughter, spouse, sister, friend, etc.).
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Predeceased Devisees
Check this box ONLY if a devisee named in the
Decedent’s will died BEFORE the Decedent.
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Name and Date of Death
nter the name and date of death of the
predeceased devisee.
Line 4 - Information Regarding Contingent Devisees
Complete Line 4 ONLY if there are contingent devisees named in the will or if the anti-lapse statute
(G. L. c. 190B, § 2-603 applies.).
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Contingent Devisees
Check this box ONLY if the will names one or
more persons to take in place of the
predeceased devisee named in line 3, or if the
anti-lapse statue (G. L. c. 190B, § 2-603) applies.
Do not include residuary devisees named
elsewhere.
Relationship to Decedent; Minor
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dentify the contingent devisee’s relationship to
the Decedent (daughter, spouse, sister, friend,
charity, trustee, etc.). If a contingent devisee is
a minor, you must check the “Yes” box. You
must provide additional information regarding
the minor contingent devisee in line 5 of this
form.
f any devisee is under a legal disability
(a minor, an adjudicated or an alleged
incapacitated or protected person, a
person unborn or unascertained) then
you must provide additional
information regarding the devisee in
line 5 of this form.
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Name and Address
nter the name and date of death of the
surviving contingent devisee. If a contingent
devisee is no longer living at the time of this
filing, you may omit the address. You must
provide additional information regarding the
since deceased contingent devisee in line 6 of
this form.
Line 5 - Information Regarding Devisees under a Legal Disability
ALL PETITIONERS MUST COMPLETE LINE 5, if applicable.
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heck the appropriate box to indicate if a
devisee is represented by a guardian,
conservator, or is unrepresented. Provide the
name and complete address of the
representative. Include the docket number or
proof of appointment for any court appointed
fiduciary.
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Devisees under a Legal Disability
Represented By
nter the name of any devisee under a legal
disability. Check the appropriate box to identify
the legal disability (a minor, an alleged
incapacitated or protected person, a person
unborn or unascertained).
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conservator or a guardian who is not the petitioner. A
formal proceeding however may be commenced. Any
request for parental or virtual representation can ONLY be
made in a formal proceeding. To do so, the petitioner
must submit a motion for court approval prior to the
appointment of a Guardian ad Litem. A formal proceeding
is always required when a devisee under a legal disability
is unrepresented.
n informal proceeding is NOT
available if a devisee is unborn or
unascertained; or if a devisee is a
minor or an adjudicated or an alleged
incapacitated or protected person
unless he or she is represented by a
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ine 6 - Information Regarding Since Deceased Devisees
ALL PETITIONERS MUST COMPLETE LINE 6, if applicable.
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If a devisee is since deceased (i.e.
died after the death of the
decedent), a Personal
Representative must be
appointed for that estate in order
to proceed informally. If no Personal Representative is
appointed to represent the since deceased’s estate, a
formal proceeding must be filed.
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Since Deceased Devisees
nter the name and date of death of any
devisee who SURVIVED the death of the
Decedent but is no longer living at the time of
this filing. Check the appropriate box to
indicate if their estate is represented by a court
appointed Personal Representative and provide
the fiduciary’s name and complete address.
Include the docket number or proof of
appointment for any court appointed fiduciary.
Bottom of Form – Petitioner Signature
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ALL PETITIONERS MUST COMPLETE THIS SECTION.
**Important Information – Please Read**
Review the completed form for accuracy prior to filing it with the court. If you do not understand this
form, do not sign it! Please consult an attorney for legal advice. Court staff cannot provide legal
advice or instruct you as to the identity of devisees designated in any will filed for probate.
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Petitioner Signature Section
All Petitioners must complete this section and sign the form on the Petitioner signature line and date it
in the appropriate space
nce completed, you must file this form with the petition to which it relates in the proper division of the
Probate and Family Court. Failure to submit this form with the petition to which it relates will result in
a delay in processing your case.
After You Have Finished
or Additional Information
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.
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MPC 959 (4/15/16)
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