Assent And Waiver Of Notice Of Sureties

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Assent And Waiver Of Notice Of Sureties is a commonly used form within Massachusetts. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (MPC 455). This form is used in Probate matters.

Atticus Fast Facts About Assent And Waiver Of Notice Of Sureties

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Assent And Waiver Of Notice Of Sureties:

• This form pertains to the State of Massachusetts

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Massachusetts’s Form MPC 455 - Assent And Waiver Of Notice Of Sureties up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Massachusetts form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Massachusetts probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form MPC 455, take a break, and then review. Probate and estate settlement processes in MA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form MPC 455 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form MPC 455 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Assent And Waiver Of Notice Of Sureties to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Massachusetts.

5 reasons you should submit MPC 455 as quickly as possible:

1. The sooner you begin, the faster Massachusetts can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Massachusetts. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Massachusetts is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Massachusetts probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Massachusetts probate clerk or court for exact answers regarding Form MPC 455, and when in doubt— consult a qualified trust & estates lawyer for that area.

Assent And Waiver Of Notice Of Sureties is one of the many probate court forms available for download through Atticus.

It may also be available through some Massachusetts probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Massachusetts.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form MPC 455 - Assent And Waiver Of Notice Of Sureties f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Massachusetts probate court office.

Assent And Waiver Of Notice Of Sureties is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Massachusetts-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Massachusetts Form MPC 455 - Assent And Waiver Of Notice Of Sureties. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 170 (4/15/16) ofpage VOLUNTARY ADMINISTRATION STATEMENT PURSUANT TO G. L. c. 190B, § 3-1201 Commonwealth of Massachusetts The Trial Court Probate and Family Court Docket No. Estate of: Last Name First Name Middle Name Date of Death: Division Last NameMiddle NameFirst Name The Petitioner(s) (hereafter Petitioner), an interested person, makes the following statements: 1.Information about the Decedent: Name: Also known as: Name (Address)(Apt, Unit, No. etc.) (City/Town) (State)(Zip) Domicile at death: 2.Information about the Petitioner: Last Name Name: First NameM.I. (Address) (City/Town) (State)(Zip) (Apt, Unit, No. etc.) Mailing Address, if different: (Address) (City/Town) (State)(Zip) (Apt, Unit, No. etc.) Primary Phone #: The Petitioner's interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir, devisee, etc. See G. L. c. 190B, §§ 3-1201, 1-201(24)): 3.At least 30 days have elapsed since the death of Decedent. A death certificate issued by a public officer is in the possession of the court or accompanies this statement.4. 5.The Petitioner is unaware of any unrevoked will relating to property in Massachusetts. OR The original will and codicil(s) are in the possession of the court or accompanies this statement. The Petitioner is unaware of any instrument revoking the will and believes that the will filed with this court is the decedent's last will. Copies of this statement and the death certificate have been sent by certified mail to the Division of Medical Assistance, 6. The probate estate consists entirely of personal property and the total value of all personal property owned by the Decedent and subject to disposition by will or intestate succession at the time of the Decedent's death does not exceed $25,000.00, exclusive of one motor vehicle. 7. Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205. MPC 170 (4/15/16) Estate of: ofpage Last Name First Name Middle Name Docket No. A schedule of every asset of the probate estate and the estimated value of each is as follows:8. Description of PropertyEstimated Value Motor vehicle make, model, VIN: n/a Total: The following are the names and addresses of all persons who, with the deceased, were joint owners of property. Also listed are the names and addresses of those who would take in the case of intestacy and the names and addresses of those persons and/or charities who would take as devisees under the provisions of any will. 9. NameAddressInterest Heir Devisee Joint Owner Heir Devisee Joint Owner Heir Devisee Joint Owner Heir Devisee Joint Owner Heir Devisee Joint Owner No petition is pending or has been granted in any jurisdiction. The undersigned understands that I/we are answerable and accountable to any subsequently appointed Personal Representative of the estate or any other person having a superior right to the estate. 10. The undersigned will act as a Voluntary Personal Representative of the probate estate of the deceased and will administer the same according to law, and apply assets of the probate estate to those persons entitled as creditors, heirs, devisees under any will, and otherwise in accordance with G. L. c. 190B, § 3-1201. 11. MPC 170 (4/15/16) Estate of: ofpage Last Name First Name Middle Name Docket No. SIGNED UNDER THE PENALTIES OF PERJURY I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief. Date: Signature of Petitioner (Print name) B.B.O. # Primary Phone #: (Zip)(State)(City/Town) (Address) (Apt, Unit, No. etc.) Information on Attorney for Petitioner, if any Signature of Attorney Email: (Do Not Write Below This Line-For Court Use Only) CERTIFICATION As Register of Probate having the care and custody of the records pertaining to this court, I certify that the preceding document is a true, exact, complete and unaltered copy of the Statement of Voluntary Administration filed with this court. Date Register of Probate