Instructions For Petition For Informal Probate

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 Petition For Informal Probate 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:

(3/1/16). Detailed instructions on how to file for informal probate in Probate and Family Court.

Atticus Fast Facts About Instructions For Petition For Informal Probate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For Petition For Informal Probate:

• 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 962 - Instructions For Petition For Informal Probate 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 962, 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 962 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 962 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 Petition For Informal Probate 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 962 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 962, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For Petition For Informal Probate 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 962 - Instructions For Petition For Informal Probate 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 Petition For Informal Probate 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 962 - Instructions For Petition For Informal Probate. You can use this to get an idea of the context of the form and what type of information is needed.

1 MPC 962 (3/1/16) INSTRUCTIONS FOR INFORMAL PROBATE WITH OR WITHOUT A WILL These general instructions are for informational purposes only and do not constitute legal advice. Please consult an attorney if you have specific questions. Court staff cannot provide legal advice or assist you with legal decisions. GENERAL INFORMATION Informal probate is an administrative proceeding to probate a will and/or appoint a Personal representative. An administrative proceeding means that you do not have to have a hearing in front of a Probate and Family Court judge. If the decedent died with a will (testate), an informal petition may be filed to probate the decedent’s will with or without a request for the appointment of a personal representative. An informal petition may also be filed for the informal appointment of a personal representative after the formal or informal probate of a will. If the petitioner is requesting the appointment of a personal representative and the decedent died with a will that has not been probated, the petitioner must also request that the will be probated at that time. If the decedent died without a will (intestate), an informal petition may be filed to appoint a personal representative. Informal probate is unavailable if:  the original will is lost, destroyed or otherwise unavailable;  there is no official death certificate;  the location or identity of any heir or devisee is unknown;  the person to be appointed Personal representative does not have priority for appointment by statute or by renunciation and/or nomination;  an heir or devisee is an incapacitated or protected person or a minor and is not represented by a conservator or is only represented by a guardian who is also the petitioner;  the personal representative to be appointed is an interested person solely due to his or her status as a creditor or as a public administrator;  the estate of a since deceased heir or devise is not represented by a personal representative;  supervised administration is necessary;  a judge must sign an order or final decree for any reason. Note: A determination of heirs and an adjudication of testacy are made only in a formal probate proceeding. FILING FEES The total fee required to file an informal petition is $390.00. The fee is broken down as follows: $375 for the filing of the informal petition including all required forms/documents and a $15.00 surcharge to assign a docket number. The $390.00 filing fee includes the initial appointment bond, notice forms and the initial court issued Letters of Authority but does not include publication costs. OTHER FEES The following court fees are optional and will only be assessed upon request: □ Additional Letters of Authority = $25 each □ Copy, attested = $2.50 per page; □ Copy, unattested = $1.00 per page 2 MPC 962 (3/1/16) COMMON TERMS Docket Number: The number the court assigns to your case. Petitioner: Interested persons identified by Massachusetts law who can file a petition. Decedent: The person who died. Heirs at Law: Persons entitled to receive the decedent’s property under the intestacy succession laws if there is no will. Devisees: 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. Probate Estate: All of the real and personal property the decedent owned in his or her name alone on the date of death that is subject to probate. Interested Persons: Persons identified by Massachusetts law who can file a petition and who also must be notified of the court proceeding. The term may include a surviving spouse, children, heirs at law, devisees, creditors, fiduciaries representing interested persons and persons having priority for appointment as personal representative, depending on the circumstances. Intestate: An estate in which the decedent did not leave a will. Testate: An estate in which the decedent did leave a will. Letters of Authority: A document issued by the court evidencing the personal representative’s authority to act. Nominee: The person seeking to be appointed personal representative. Personal representative: A person at least 18 years of age who has been appointed to administer the estate of the decedent. FORMS There are several forms that need to be completed before a will can be informally probated and/or a personal representative appointed. Forms may be obtained: 1) from the registry in each county Probate and Family Court; or 2) from the MUPC Hub located on the Probate and Family Court’s website at http://www.mass.gov/courts/forms/pfc/pfc-mupc-forms-generic.html You may complete a form online and print or you may print the form and type or print legibly in black or blue ink. All required forms must be submitted as a complete packet. A complete packet consists of the following court approved forms and documents depending on whether the decedent died with a will (testate) or without a will (intestate): 3 MPC 962 (3/1/16) STEPS TO FILING YOUR CASE STEP 1: Complete All Forms You must complete all applicable sections of each form. If you are unsure how to complete a form, see the Instructions associated with that form or see the MUPC Estate Administration Procedural Guide located at http://www.mass.gov/courts/docs/courts-and-judges/courts/probate-and-family-court/mupc-procedural-guide.pdf □ Petition for Informal Probate of Will/Appointment of Personal representative (MPC 150)  Complete all applicable sections of this form. 4 MPC 962 (3/1/16)  Pay careful attention to the caption. 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. NOTE: An informal petition can only be amended prior to allowance. ALERT: The petitioner must certify on the petition that the petitioner gave written notice seven (7) days prior to petitioning for informal probate or appointment by sending a copy of the petition and a copy of the death certificate by certified mail to the Division of Medical Assistance, Estate Recovery Unit. As of the time of this publication, the address is P. O. Box 15205, Worcester, MA 01615-0205. The Division of Medical Assistance is NOT the court. For additional notice requirements, see Step 3 below. □ Surviving Spouse, Children, Heirs at Law (MPC 162)  This form must be filed in ALL cases to identify a decedent’s surviving spouse, children and heirs at law.  Complete all applicable sections of this form. For line by line instructions, see the Instructions (MPC 958).  Failure to submit this form will result in a delay in processing your case. □ Devisees (MPC 163)  This form must be filed if the petitioner is seeking to probate the decedent’s will.  Complete all applicable sections of this form. For line by line instructions, see the Instructions (MPC 959).  Failure to submit this form will result in a delay in processing your case. □ Bond (MPC 801)  This form must be filed if the petitioner is requesting the appointment of a personal representative. No bond is necessary if the petitioner is requesting only to probate an original will.  If a bond with sureties is required, the petitioner must state the penal sum in a dollar amount. Failure to state a dollar amount subjects the sureties to unlimited liability.  Complete all applicable sections of this form. This form must be signed by the personal representative. □ Military Affidavit (MPC 470)  This form must be filed UNLESS the written assents and waivers of notice (MPC 455) of all interested persons are filed.  If an heir, devisee or other interested person is in the military service, his or her written assent (MPC 455) to the petition must be filed or an informal proceeding is not available. A formal proceeding however may be commenced. □ Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (MPC 455)  This form must be filed if the petitioner is requesting the appointment of a personal representative who does NOT have statutory priority for appointment.  This form must be filed if the petitioner is seeking to waive sureties on the bond of a personal representative and any will filed for probate does not expressly waive such sureties.  This form may be filed to assent and waive notice by any interested person.  Complete all applicable sections of this form. For instructions, see the Instructions (MPC 941). 5 MPC 962 (3/1/16) □ Affidavit as to Cause of Death (MPC 475)  This form must be filed if the decedent’s cause of death is listed on the death certificate as “homicide” or “pending”. Other causes of death do not require the Affidavit. □ Affidavit of Domicile (MPC 485)  This form must be filed if the address of the decedent is incorrectly listed on the death certificate. □ Informal Order (MPC 750)  This form must be filed in ALL cases as part of the complete packet.  The petitioner is required to complete all applicable sections in preparation for the magistrate’s signature. STEP 2: Obtain Other Documents for Filing □ Certified Copy of the Death Certificate  A certified copy of the decedent’s death certificate must be filed.  Death certificates can be obtained from the Town Hall where the person was residing at the time of death or from the Registry of Vital Records and Statistics. For information, see http://www.mass.gov/eohhs/gov/departments/dph/programs/admin/dmoa/vitals/obtaining-certified-copies- of-vital-records.html. □ Original Will  The original will must be filed if the decedent died with a will and the petitioner is offering the decedent’s last will and any codicil(s) for probate. ALERT: A formal petition must be filed to probate a copy of a will or a will with cancellations or interlineations. □ Authenticated Copy of Will and Appointment  If a petitioner is offering a nonresident decedent’s last will and any codicil(s) for probate in Massachusetts, an authenticated copy of the will and an authenticated copy of the order, decree or judgment issued by the court where it was first probated must be filed. □ Proof of Guardianship/Conservatorship  If an heir or devisee is an incapacitated or protected person or a minor, the heir or devisee must be represented by a conservator, or a guardian who cannot be the petitioner, and proof of the conservatorship or guardianship must be provided. If the appointment is/was within the division in which the filing is being made, the petitioner shall be required to present proof in the form of a docket number. If not, the petitioner must file a certified copy of Letters of guardianship or conservatorship or other proof of appointment. ALERT: Minor children of the decedent do not require the appointment of a conservator or guardian UNLESS they are also an heir or devisee. □ Affidavit of Conservator  If the conservator of an incapacitated person, protected person or a minor also has an interest in the decedent’s estate as an heir or devisee, the conservator must file an affidavit stating specific facts to warrant a conclusion 6 MPC 962 (3/1/16) by the magistrate that a conflict of interest does not exist between the conservator and person(s) represented in order to proceed administratively on an informal petition.  Failure to submit an affidavit or to state sufficient facts to support the conclusion that a conflict of interest does not exist may result in a denial by the magistrate. STEP 3: Provide Pre-Filing Notice Once your informal packet is complete, you must provide notice to interested persons at least 7 days prior to filing your complete packet with the court. □ Notice of Informal Probate (MPC 550)  Complete all applicable sections of this form.  At least seven (7) days prior to petitioning, the petitioner must provide a copy of MPC 550 either by in-hand delivery or first-class ordinary mail to the following interested persons (unless they have assented and waived their right to notice by completing form MPC 455): 1) all heirs and devisees, including any devisee that is a charity; 2) any person having a higher or equal right to appointment not waived in writing and filed with the division; 3) any personal representative of the decedent whose appointment has not been terminated; 4) the Attorney General of Massachusetts, if there is no spouse or heir of the decedent or if any devisee is a charity; 5) a conservator or guardian appointed to represent an heir or devisee who is a minor, incapacitated or protected person and the person represented regardless of age; AND 6) any other person as the petitioner elects. ALERT: If it appears that an heir or devisee is a minor, incapacitated or protected person, the petitioner shall give notice to that person and that person’s guardian or conservator. Notice to the parent(s) of an heir or devisee who is a minor is not adequate notice. A parent, however, may petition to be the minor child’s guardian or conservator. If an heir or devisee is a minor or incapacitated person and is not represented by a conservator or is only represented by a guardian who is the petitioner, an informal proceeding is not available. A formal proceeding may be filed. If the address of any interested person or the identity of any heir is unknown, an informal proceeding is not available and a formal petition must be filed. ALERT: If an heir or devisee of the decedent’s estate 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. Notice of the informal proceeding must be provided to the appointed personal representative. If no personal representative is appointed to represent the since deceased’s estate, a formal proceeding must be filed. □ Return of Service (MPC 550)  The petitioner must submit, as part of the complete packet, the Return of Service stating the names of persons served, how served and the date of service. If a person entitled to notice has assented and waived their right to notice, the petitioner must the written assent and waiver of notice (MPC 455). STEP 4: File Papers with the Court  Provide the court with the complete packet of required forms and documents and pay the $390 filing fee.  The complete packet should be filed in the county Probate and Family Court where the decedent was domiciled at the time of death; OR if the decedent was not domiciled in Massachusetts, in any county where property of the decedent was located at the time of death. 7 MPC 962 (3/1/16)  For a listing of Massachusetts counties and the cities and towns within, see https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm. **Important Information – Please Read** Review all completed forms for accuracy prior to filing with the court. If you do not understand any form, do not sign it! Please consult an attorney for legal advice. Court staff cannot provide legal advice or assist you with legal decisions. WHAT TO EXPECT NEXT  Once approved or denied/declined, a copy of the Informal Order will be forwarded to the petitioner by mail or in-person.  If an informal appointment has been approved, the registry shall be responsible for providing a copy of the Letters of Authority to the petitioner either in hand or by mail. STEP 5: Provide Post-Allowance Publication Notice □ Informal Probate Publication Notice (MPC 551)  Within 30 days of allowance of the informal petition, the petitioner must publish a notice (MPC 551) once in one of the newspapers designated by the register.  A list of newspapers designated by the register is available at each registry and on the Probate and Family Court website. The petitioner selects the newspaper from the list generally based on the city or town of the decedent’s last domicile and/or where the proceeding is pending. ALERT: There is no general requirement to file proof of publication with the court. In most circumstances, the court will require proof of publication in a later formal proceeding such as a petition for license to sell real estate or an insolvency proceeding. WHERE CAN I FIND MORE 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.