Petition For Late And Limited Formal Testacy And/or Appointment

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 Late And Limited Formal Testacy And/or Appointment 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 the Probate and Family Court if you need to file for a late and limited formal probate.

Atticus Fast Facts About Petition For Late And Limited Formal Testacy And/or Appointment

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Late And Limited Formal Testacy And/or Appointment:

• 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 161 - Petition For Late And Limited Formal Testacy And/or Appointment 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 161, 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 161 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 161 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 Late And Limited Formal Testacy And/or Appointment 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 161 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 161, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Late And Limited Formal Testacy And/or Appointment 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 161 - Petition For Late And Limited Formal Testacy And/or Appointment 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 Late And Limited Formal Testacy And/or Appointment 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 161 - Petition For Late And Limited Formal Testacy And/or Appointment. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 161 (4/15/16) page 1 of 5 PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT PURSUANT TO G. L. c. 190B, § 3-108(4) Original Form Amended Form Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Estate of: First Name Middle Name Last Name Date of Death: Division (Form Alert: You cannot use this form if the Decedent died prior to March 31, 2012) I. GENERAL INFORMATION The Petitioner(s) (hereafter Petitioner), an interested person, makes the following statements: 1.Information about the Decedent: Name: Also known as: First Name Name Middle Name Last Name Street Address: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) The Decedent died on or AFTER MARCH 31, 2012 on The Decedent was domiciled in (City/Town) (date) , at the age of years. . (State) A death certificate issued by a public officer is in the possession of the court or accompanies this Petition. A death certificate issued by a public officer is not in the possession of the court and does not accompany this Petition. The circumstances which make it impossible for a death certificate to be provided are (See G. L. c. 190B, §§ 3-402(b), 1-107): 2.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) The Petitioner has a property right in the estate of the Decedent that is the subject of this Petition or is a person having priority for appointment as Personal Representative or other fiduciary representing an interested person. The Petitioner's interest is as follows: (e.g., Personal Representative named in a will, surviving spouse, heir, devisee, etc. See G. L. c. 190B, §§ 1-201(24), 3-101). 3.No original proceeding relative to the estate has occurred within the three (3) year period after the Decedent's death and a formal testacy proceeding or appointment is necessary for the limited purpose of confirming title in the successors to estate assets listed in #8 below and paying expenses of administration, if any. See G. L. c. 190B, § 3-108(4). MPC 161 (4/15/16) page 2 of 5 4.Venue for this proceeding is proper in this county because on the date of death, the Decedent: was domiciled in this county. was not domiciled in Massachusetts, but had property located in this county at: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) 5.The Petitioner shall give notice once by citation to the Division of Medical Assistance. To do so, the Petitioner shall send a copy of the citation when issued by the Court together with a copy of this Petition and death certificate b y certified mail at least fourteen (14) days before the return day to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205. For specific details, see the citation's Order of Notice. II. PERSONS INTERESTED IN THE ESTATE 6.The Decedent's surviving spouse, children, heirs at law and devisees (if any), so far as known or ascertainable with reasonable diligence by the Petitioner are as stated in form MPC 162 Surviving Spouse, Children, Heirs at Law AND if the Decedent died with a will, form MPC 163 Devisees incorporated herein. There are additional heirs at law who are not known to the Petitioner. FORM ALERT: Failure to submit this information will result in a delay in processing your case. III. TESTACY STATUS 7.The Decedent died (select one): Intestate (without a will) After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating to property in Massachusetts, or Testate (with a will) see attached statement of why such an instrument is not being probated. The date of the Decedent's last will is . The dates of all codicils are (select one of the following): The original will is in the possession of the court or accompanies this Petition. The original will is lost, destroyed or otherwise unavailable and a copy of the original will accompanies this Petition OR a statement of its contents are attached and incorporated herein. The will and any codicils are referred to as the will. The Petitioner, to the best of his or her knowledge, believes the will was validly executed. After the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the will and believes that the will is the Decedent's last will. IV. ESTATE ASSETS 8. This Petition concerns the succession of the Decedent's interest in the following property: A. REAL PROPERTY (List all real estate): Description of Property Location of Property Decedent's Interest MPC 161 (4/15/16) page 3 of 5 B. PERSONAL PROPERTY (List all stocks, bonds, securities, cash and other personal property): Description of Property Location of Property Decedent's Interest V. APPOINTMENT OF PERSONAL REPRESENTATIVE (if requested) 9. The Petitioner requests that the following qualified person, who is 18 years of age or older, be appointed Personal Representative for the limited purpose of confirming title in the successors to the estate assets listed in #8 above and paying expenses of administration, if any: Self only. Name of other(s): Self and other(s): Other(s): First Name M.I. Last Name Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) 10. Select all that apply: All or some of the nominees have priority for appointment: by statute. See G. L. c. 190B, § 3-203. by renunciation and/or nomination. Persons with higher or equal rights to appointment are: First Name M.I. Last Name FORM ALERT: Any required renunciations/nominations using form MPC 455 must accompany this Petition. The nominee(s) without priority for appointment are: First Name M.I. Last Name Persons with priority have failed to request appointment or to nominate the above nominee and administration is necessary. MPC 161 (4/15/16) page 4 of 5 11. Select one of the following: A bond with sureties in the penal sum amount of $ has been or will be filed. A bond without sureties has been or will be filed and is permissible because: 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 using form MPC 455 and all waivers are filed with this Petition or are in the possession of the court. FORM ALERT: All persons seeking appointment must file a bond using form MPC 801. 12. The Petitioner requests that the Personal Representative serve in a(n) (select one): Unsupervised Administration because: The Decedent died intestate (without a will). The will directs unsupervised administration or is silent on the issue. The will directs supervised administration, but circumstances have changed since the execution of the will and there is no necessity for supervised administration because: Supervised Administration because: 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: 13. The appointment of a Special Personal Representative is necessary pursuant to G. L. c. 190B, § 3-614 (See separate motion and affidavit filed with this Petition.). VI. RELIEF REQUESTED Wherefore, the Petitioner requests that the court: Admit the Decedent's will to formal probate and determine both the heirs and devisees. Determine that the Decedent died without a will and determine the heirs. Appoint the nominee(s) as Personal Representative of the estate in a(n) unsupervised supervised administration to serve with without sureties on the bond and that Letters be issued that limit the authority of the Personal Representative to confirming title in the successors to the estate assets identified herein and paying expenses of administration, if any. Appoint a Special Personal Representative pending the appointment of the nominated Personal Representative. 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 MPC 161 (4/15/16) page 5 of 5 Information on Attorney for Petitioner, if any Signature of Attorney (Print name) (Address) (Apt, Unit, No. etc.) Primary Phone #: B.B.O. # Email: (City/Town) (State) (Zip)