Petition For Formal Appointment Of Successor Personal Representative

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.

Petition For Formal Appointment Of Successor Personal Representative 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:

For use in Probate and Family Court pursuant to GL c. 190B § 3-613 (10/23/12). This form may not display properly in your browser. Please download the form and open it using Acrobat reader.

Atticus Fast Facts About Petition For Formal Appointment Of Successor Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Formal Appointment Of Successor Personal Representative:

• 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 270 - Petition For Formal Appointment Of Successor Personal Representative 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 270, 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 270 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 270 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 Petition For Formal Appointment Of Successor Personal Representative 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 270 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 270, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Formal Appointment Of Successor Personal Representative 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 270 - Petition For Formal Appointment Of Successor Personal Representative 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.

Petition For Formal Appointment Of Successor Personal Representative 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 270 - Petition For Formal Appointment Of Successor Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 270 (10/23/12) page 1 of 3 PETITION FOR FORMAL APPOINTMENT OF SUCCESSOR PERSONAL REPRESENTATIVE G.L. c. 190B, § 3 -613 Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Estate of: First Name Middle Name Last Name Date of Death: Division Petitioner(s) (hereafter Petitioner), an interested person, makes the following statements: 1. Information about the Petitioner: Name: First Name M.I. Last Name (Address) Mailing Address, if different: Primary Phone #: (Address) (Apt, Unit, No. etc.) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) (City/Town) (State) (Zip) Interest of the Petitioner (e.g., Personal Representative named in Will, surviving spouse, heir, devisee, etc. -See G.L. c. 190B § 1-201(24)): 2. Administration isunsupervised supervised. 3. The previously appointed Personal Representative Name: First Name M.I. Last Name was appointed on (Address) (Apt, Unit, No. etc.) (date) (City/Town) and (State) (Zip) has tendered a resignation which accompanies this Petition is in the possession of the Court. died on (death certificate attached). (date) is now under a guardianship or conservatorship (letters attached). ha s been removed by Decree and Order of the Court issued on or such matter is pending. other: _____________________________________________ (date) MPC 270 (10/23/12) page 2 of 3 4. The Petitioner requests the following qualified person, who is 18 years of age or older, be appointed: Self: Other: First Name M.I. Last Name (Address) Mailing Address, if different: (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) 5.The nominee does not have priority for appointment. OR The nominee has priority for appointment: by statute (G.L. c. 190B, § 3-203). for the following reasons: Persons with prior or equal rights to appointment are as follows: No one. The following: First Name M.I. Last Name Any required renouncements or nominations accompany this Petition. 6. The Petitioner hereby adopts the statements in the Petition that led to the appointment of the person being succeeded, except for the following changes or corrections: 7. A bond with sureties with the penal sum amount of $ OR A bond without sureties has been or will be filed and is permissible because: has been or will be filed. The Will waives sureties on the bond and no interested person has demanded that a bond with sureties be filed. All devisees (if a Will is filed) or heirs (if no Will is filed) have waived sureties in writing and the waivers are filed with this Petition or are in the possession of the Court. Other (include statutory reference): . MPC 270 (10/23/12) page 3 of 3 8. The Petiti oner requests: Unsupervised administration There is no Will. The Will does not direct supervised administration. The Will directs supervised administration, but circumstances have changed since the execution of the Will and there is no necessity for supervised administration because: OR Supervised administration The Will directs supervised administration. The Will directs unsupervised administration, but it is necessary for protection of persons interested in the estate because: No Will directs supervised administration but it is necessary under the circumstances, specifically: Petitioner requests that the Court: formally appoint the nominee as Successor Personal Representative in admin istration to serve: without sureties on the bond. unsupervised supervised with sureties on the bond with the penal sum amount of $ . and that Letters be issued. Petitioner also requests: 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 Date: Signature of Co-Petitioner (if applicable) Information on Attorney for Petitioner Signature of Attorney (Print name) (Address) (Apt, Unit, No. etc.) Primary Phone #: B.B.O. # Email: (City/Town) (State) (Zip)