Instructions For Form (Mpc 163) Devisees

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 163) Devisees 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 filling out and filing the form.

Atticus Fast Facts About Instructions For Form (Mpc 163) Devisees

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Form (Mpc 163) Devisees:

• 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 959 - Instructions For Form (Mpc 163) Devisees 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 959, 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 959 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 959 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 163) Devisees 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 959 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 959, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Form (Mpc 163) Devisees 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 959 - Instructions For Form (Mpc 163) Devisees 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 163) Devisees 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 959 - Instructions For Form (Mpc 163) Devisees. You can use this to get an idea of the context of the form and what type of information is needed.

1 MPC 959 (4/15/16) Instructions for Form (MPC 163) - Devisees About This Form Form 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, the Massachusetts Uniform Probate Code, G. L. c. 190B should be consulted. 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 959 (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 Will ALL PETITIONERS MUST COMPLETE LINE 1. Date of Will and Codicil Enter 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. Name and Address 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 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. A A B D A A 3 MPC 959 (4/15/16) 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. 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. Line 3 - Information Regarding Predeceased Devisees Complete Line 3 ONLY if there are devisees who died before the Decedent. Predeceased Devisees Check this box ONLY if a devisee named in the Decedent’s will died BEFORE the Decedent. Name and Date of Death Enter the name and date of death of the predeceased devisee. Relationship to Decedent Identify the devisee’s relationship to the Decedent (daughter, spouse, sister, friend, etc.). 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.). A A B B C B C ! A B C 4 MPC 959 (4/15/16) 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. Name and Address Enter 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. Relationship to Decedent; Minor Identify 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. If 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. Line 5 - Information Regarding Devisees under a Legal Disability ALL PETITIONERS MUST COMPLETE LINE 5, if applicable. Devisees under a Legal Disability Enter 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). Represented By Check 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. C A B A A B ! B 5 MPC 959 (4/15/16) An 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 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. Line 6 - Information Regarding Since Deceased Devisees ALL PETITIONERS MUST COMPLETE LINE 6, if applicable. Since Deceased Devisees Enter 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. 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. Bottom of Form – Petitioner 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 devisees designated in any will filed for probate. A A ! ! 6 MPC 959 (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