Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law

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.

Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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:

Provides detailed instructions on how to fill out and file the form. (4/15/16)

Atticus Fast Facts About Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law:

• 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 958 - Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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 958, 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 958 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 958 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 Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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 958 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 958, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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 958 - Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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.

Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law 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 958 - Instructions For Form (Mpc 162) Surviving Spouse, Children, Heirs At Law. You can use this to get an idea of the context of the form and what type of information is needed.

1 MPC 958 (4/15/16) Instructions for Form (MPC 162) - Surviving Spouse, Children, Heirs at Law About This Form Form Use. This form must be used to identify a Decedent’s surviving spouse, children and heirs at law. Heirs at law are persons entitled to receive the Decedent’s property under the intestacy succession laws if there is no will. For dates of death on or after March 31, 2012, the Massachusetts Uniform Probate Code, G. L. c. 190B, § 2-101, et seq., should be consulted. For deaths prior to that date, see generally, Chapter 190. Filing Fee. There is no fee to file this form. Filing 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. Top of the Form Original or Amended Form 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. There 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. 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 If known, fill in the docket number assigned by the court or leave blank if not yet assigned. Decedent’s Name and Date of Death Enter the name of the deceased and date of death. A B C D A B C ! 2 MPC 958 (4/15/16) Division Enter the name of the county Probate and Family Court where this form will be filed. (Example: Suffolk Division, Middlesex Division, Plymouth Division, etc.) Line 1 - Information Regarding Decedent’s Surviving Spouse ***ALL PETITIONERS MUST COMPLETE LINE 1*** Surviving Spouse, if any Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING spouse at the time of the Decedent’s death. If a spouse survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving spouse. Name and Address Enter the name of the SURVIVING spouse and complete address. If the spouse is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased spouse in line 8 of this form. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Line 2 - Information Regarding Decedent’s Children ***ALL PETITIONERS MUST COMPLETE LINE 2*** A B A B C D D B A ! 3 MPC 958 (4/15/16) Line 2, part a, Decedent’s Children Put an “X” next to the appropriate box to indicate if the Decedent had children (biological or adopted), whether alive or deceased. Name and Address Enter the name of the Decedent’s children and complete address. If a child is deceased, you may omit the address. ALERT: If a child SURVIVED the Decedent’s death but is no longer living at the time of this filing, you must provide additional information regarding the since deceased child in line 8 of this form ONLY IF the child is an heir at law. See the Intestate Succession Charts on pages 11 - 12. Child of Surviving Spouse; Minor Put an “X” next to the appropriate box to indicate if the Decedent’s child is a child of the surviving spouse. If the Decedent was never married or a spouse did not survive, do not check either box. If a child is a minor, you must check the “Yes” box. ALERT: You must provide additional information regarding the minor child in line 7 of this form ONLY IF the child is an heir at law. See the Intestate Succession Charts on pages 11 - 12. Line 2, part b, Surviving Spouse’s Children Put an “X” next to this box if the SURVIVING spouse has surviving descendants (children, grandchildren etc.) who are NOT descendants (children, grandchildren etc.) of the Decedent and the Decedent died on or after March 31, 2012. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Line 3 - Information Regarding Children of any Predeceased Child ***Complete Line 3 ONLY if the Decedent left children in line 2a who are also heirs at law *** See the Intestate Succession Charts on pages 11-12 for more information. A B C A B C D ! 4 MPC 958 (4/15/16) Line 3, part a, All Children Survived Check this box if ALL of the children listed in 2a SURVIVED the death of the Decedent. Line 3, part b, Predeceased Children Check this box ONLY if a child of the Decedent listed in 2a died BEFORE the death of the Decedent. Enter the name and date of death of the child who predeceased the Decedent. Line 3, part c, Descendants of any Predeceased Child Put an “X” next to the appropriate box to indicate if a predeceased child listed in 3b left descendants children, grandchildren, etc.)(biological or adopted) who SURVIVED the death of the Decedent. Name and Address Enter the name of the SURVIVING descendant(s) and complete address. If a descendant is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased descendant in line 8 of this form. Relationship to Decedent; Minor Identify the descendant’s relationship to the Decedent (grandchild, great-grandchild, etc.). If a descendant is a minor, you must check the “Yes” box. ALERT: You must provide additional information regarding the minor descendant in line 7 of this form. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Line 4 - Information Regarding Decedent’s Parents **Complete Line 4 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.)** Otherwise and go to line 7 and line 8. A B C D E D E ! 5 MPC 958 (4/15/16) Surviving Parent(s), if any Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING parent at the time of the Decedent’s death. If a parent survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving parent. Name and Address Enter the name of the SURVIVING parent(s) and complete address. If a parent is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased parent in line 8 of this form. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Line 5 - Information Regarding Decedent’s Siblings and Children of any Predeceased Sibling For deaths on or after March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.) or parents. Otherwise and go to line 7 and line 8. For deaths prior to March 31, 2012: Complete line 5a and line 5b ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.) or parents. Otherwise and go to line 7 and line 8. A A B A B ! B 6 MPC 958 (4/15/16) Line 5, part a, Surviving Sibling(s) Put an “X” next to the appropriate box to indicate if the Decedent left a SURVIVING sibling (biological or adopted, whole or half- blood) at the time of the Decedent’s death. If a sibling survived the Decedent’s death but is no longer living at the time of this filing, you must put an “X” next to the box that indicates that the Decedent left a surviving sibling. Name and Address; Minor Enter the name of the SURVIVING sibling(s) and complete address. If a sibling is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased sibling in line 8 of this form. If a sibling is a minor, you must check the “Yes” box. You must provide additional information regarding the minor sibling in line 7 of this form. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Line 5, part b, Descendants of any Predeceased Sibling Put an “X” next to the box to indicate that one or more of the Decedent’s siblings died before the death of the Decedent leaving SURVIVING descendants (biological or adopted). Name and Address Enter the name and address of the surviving descendant(s). If a descendant is no longer living at the time of this filing, you may omit the address. ALERT: You must provide additional information regarding the since deceased descendant in line 8 of this form. Relationship to Decedent; Minor Identify the descendant’s relationship to the Decedent (niece, nephew, etc.). If a descendant is a minor you must check the “Yes” box. ALERT: You must provide additional information regarding the minor descendant in line 7 of this form. If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. A B D E C D C ! ! E 7 MPC 958 (4/15/16) Line 6 - Information Regarding Next of Kin *For deaths on or after March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling. Otherwise and go to line 7 and line 8. *For deaths prior to March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.), parents, siblings, or descendants of any predeceased sibling. Otherwise and go to line 7 and line 8. Heirs at Law/Next of Kin Put an “X” next to this box to indicate that the Decedent’s estate passes to the Decedent’s next of kin. Check the applicable statute in effect on the Decedent’s date of death and the Intestate Succession Charts on pages 11 - 12. Review the Massachusetts Degree of Kinship Chart (MPC 960) on page 13 carefully since the heirs at law may include persons up to 11 degrees or more of kinship. Create a family tree, if necessary. Name and Address Enter the name and address of the surviving heir(s) at law. ALERT: If an heir at law survived the Decedent’s death but is no longer living at the time of this filing, you must provide additional information regarding the since deceased heir at law in line 8 of this form. Relationship to Decedent; Minor Identify the heir at law’s relationship to the Decedent (1 st cousin, etc.). ALERT: If an heir at law is a minor, you must provide additional information regarding the minor heir at law in line 7 of this form. A A B C D B C 8 MPC 958 (4/15/16) If any heir at law is under a legal disability (a minor, an adjudicated or an alleged incapacitated or protected person) then you must provide additional information regarding the heir at law in line 7 of this form. Unknown/Unascertainable Heirs at Law Put an “X” next to this box if after a reasonable diligent search, the heirs at law are unknown or unascertainable. Checking this box will prohibit you from filing an Informal Petition (MPC 150)! A Formal Petition (MPC 160) however, may be filed. Line 7- Information Regarding Heirs at Law under a Legal Disability ***ALL PETITIONERS MUST COMPLETE LINE 7, if applicable*** Heirs at Law under a Legal Disability Enter the name of any heir at law under a legal disability and indicate their relationship to the Decedent. Check the appropriate box to identify the legal disability (a minor or an adjudicated or an alleged incapacitated or protected person). If a minor, list the age. Represented By Check the appropriate box to indicate if an heir at law 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. An informal proceeding is NOT available if an heir at law is a minor or an adjudicated or an alleged incapacitated or protected person unless he or she is represented by a 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 an heir at law under a legal disability is unrepresented. Line 8 - Information Regarding Heirs at Law Since Deceased A B A ! B ! ! D 9 MPC 958 (4/15/16) ***ALL PETITIONERS MUST COMPLETE LINE 8, if applicable.*** Heirs at Law since Deceased Enter the name of any heir at law who SURVIVED the death of the Decedent but is no longer living at the time of this filing. Indicate their relationship to the Decedent. Represented By Check the appropriate box to indicate if that estate is represented by a court appointed Personal Representative. Enter the name and complete address of the Personal Representative. Include the docket number or proof of appointment. If an heir at law is since deceased (i.e. died after the death of the decedent), a Personal Representative must be appointed to represent 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. Bottom of Form – Petitioner’s Signature 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 a Decedent’s heirs at law. A ! B B A 10 MPC 958 (4/15/16) 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. After You Have Finished Once 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. For Additional 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. A A 11 MPC 958 (4/15/16) Massachusetts Uniform Probate Code (G. L. c. 190B) Intestate Succession (for dates of death on or after March 31, 2012) If the Decedent is survived by: The intestate estate passes to: 1. Spouse and Children (or the descendants of any pre- deceased child) and... all surviving children are also children of the surviving spouse and the surviving spouse has no surviving children who are not children of the decedent.  Spouse Only. 2. Spouse and Children (or the descendants of any pre- deceased child) and... not all surviving children of the Decedent are also children of the surviving spouse; OR the surviving spouse also has surviving children who are not children of the Decedent.  Spouse AND decedent’s surviving children (and surviving descendants of any pre-deceased child). 3. Spouse and NO Children  Spouse ONLY, if no surviving parents; OR  Spouse AND decedent’s surviving parent(s). 4. Children (or descendants of any pre-deceased child) and NO Spouse  Surviving Children ONLY (and surviving descendants of any pre-deceased child). 5. Parents, and NO Spouse and NO Children  Surviving Parent(s) ONLY. 6. Siblings (or descendants of any pre-deceased sibling), and NO Spouse, NO Children, and NO Parents  Surviving Siblings ONLY (and surviving descendants of any pre-deceased sibling). 7. Kin and NO Spouse, NO Children, NO Parents, NO Siblings  Surviving closest relative according to degrees of kindred (see § 2-103(4)). 8. No Taker  Commonwealth or  Soldiers Home (see § 2-105). 12 MPC 958 (4/15/16) Intestate Succession Pursuant to G. L. c. 190 (for dates of death prior to March 31, 2012) 13 MPC 958 (4/15/16)