Massachusetts Probate Form MPC 790

Decree And Order For Complete Settlement

Everything you need to know about Massachusetts Form MPC 790, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related MA probate forms.

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About Decree And Order For Complete Settlement

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.

Decree And Order For Complete Settlement 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:

Probate and Family Court probate closing form for decree and order for complete settlement.

Atticus Fast Facts About Decree And Order For Complete Settlement

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Decree And Order For Complete Settlement:

  • 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 790 - Decree And Order For Complete Settlement up to date, certain details can change from time-to-time with little or no communication.

How to file Form MPC 790

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 790, 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 790 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 790 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 Decree And Order For Complete Settlement 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Decree And Order For Complete Settlement is due

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 790 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 790, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form MPC 790 Online

Decree And Order For Complete Settlement 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 790 - Decree And Order For Complete Settlement 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.

Decree And Order For Complete Settlement 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.

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Did you know?

  • Form MPC 790 - Decree And Order For Complete Settlement is a probate form in Massachusetts.

  • Probate and Family Court probate closing form for decree and order for complete settlement.

  • Massachusetts has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Massachusetts.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Massachusetts, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Decree And Order For Complete Settlement

Probate and Family Court probate closing form for decree and order for complete settlement.

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding

The Exact Text on Form MPC 790

Here’s the text, verbatim, that is found on Massachusetts Form MPC 790 - Decree And Order For Complete Settlement. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 790 (3/1/17) of4page1 Docket No. DECREE AND ORDER FOR COMPLETE SETTLEMENT Commonwealth of Massachusetts The Trial Court Probate and Family Court First Name Last Name Middle Name Estate of: Also Known As: Division Date of Death: After a hearing or on the uncontested Petition for Order of Complete Settlement of the above estate dated: THE COURT FINDS: 1.The Petitioner is an interested person and has filed a complete and verified Petition. Venue is proper.4. Any required notices have been given to or waived by all interested persons and any guardian ad litem appointed has assented to the Petition and/or the report of the guardian ad litem has been considered by the court. 3. The time limit for presentation of creditor's claims has expired.2. The Petition was filed within the time period permitted by law.6. DETERMINATION OF TESTACY (only if requested) 5.The Decedent died on (date) ORdomiciled in Massachusetts. The Decedent left a will.8. The Decedent did not leave a will.7. The original will is filed or on file with the court. Based on a preponderance of credible evidence presented, the court is satisfied that: date(s) The dates of (date) The will is dated. The will and any codicils are referred to as the will. --OR-- A. The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. . date(s) contents is dated (date) The original will has been lost, destroyed, or is otherwise unavailable. The copy of the will or the statement of its . The dates of all codicils are The copy of the will, or the statement of its contents, and any codicils are referred to as the will. . B. all codicils are Estate of: MPC 790 (3/1/17) Last Name First Name Middle Name Docket No. of4page2 Based on a preponderance of the credible evidence presented, the court is satisfied that: The contents of the will are as stated in the copy or statement filed with the court.a. The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. --OR-- b. An authenticated copy of the will and of the decree admitting it to probate in the Decedent's state or county ofC) --OR-- domicile at the death is filed or on file with the court. The authenticated copy is dated (date) date(s) . The authenticated copy of the will and any codicils.The dates of all codicils are are referred to as the will. The will was duly admitted to probate by the state or country of Based on a preponderance of credible evidence presented, the court is satisfied that: , the Decedent's domicile at death. The will is not a valid will.D) 9.At the time of death, the Decedent's heirs at law were: identical to those persons stated in the MPC 162 Surviving Spouse, Children, Heirs at Law dated: (date) that is incorporated into the Petition for Complete Settlement. --OR-- the following named persons (each and every heir at law must be named): DETERMINATION OF HEIRS (only if requested or if testacy is being determined) NAMERELATIONSHIP TO DECEDENT Estate of: MPC 790 (3/1/17) Last Name First Name Middle Name Docket No. of4page3 10.Persons and entities entitled to distribution and the amounts to be distributed are: identical to those as stated in the Petition for Order of Complete Settlement dated: OR as follows: .a. b. OTHER REQUESTS AS AUTHORIZED BY G. L. c. 190B, § 3-1001 (only if requested) NAME OF DISTRIBUTEERELATIONSHIP TO DECEDENTDISTRIBUTION 11.The will is construed as follows: 12.Other: THE COURT DECREES AND ORDERS (select only that requested on the Petition for Order of Complete Settlement): 1.The account dated (date) and the distributions as stated therein are approved as the final account and complete settlement of the estate. The Personal Representative is discharged from further claim or demand of any interested person. FINAL ACCOUNT/SETTLEMENT The account dated (date) is not approved as the final account of the estate. Estate of: MPC 790 (3/1/17) Last Name First Name Middle Name Docket No. of4page4 The will has not previously been admitted to formal probate and is hereby so admitted. The Decedent died intestate. 2. DETERMINATION OF TESTACY The Decedent's heirs at law as of date of death are as found above.3. DETERMINATION OF HEIRS The will is not admitted to formal probate. 4. The distributee(s) and the distribution(s) are OTHER approvednot approved. The will is construed as stated herein.5. The court further orders: 6. Date JusticeMagistrate

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