Petition For Order Of Complete Settlement

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 Order Of Complete Settlement 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:

This form is for use in Probate and Family Court pursuant to GL c.190B, § 3-1001.

Atticus Fast Facts About Petition For Order Of Complete Settlement

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Order Of Complete Settlement:

• 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 855 - Petition For Order Of Complete Settlement 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 855, 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 855 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 855 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 Order Of Complete Settlement 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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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 855 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 855, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Order Of Complete Settlement 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 855 - Petition For Order Of Complete Settlement 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 Order Of Complete Settlement 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 855 - Petition For Order Of Complete Settlement. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 855 (3/1/17) page 1 of 4 PETITION FOR ORDER OF COMPLETE SETTLEMENT PURSUANT TO G. L. c. 190B, § 3-1001 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 I. GENERAL INFORMATION The Petitioner(s) (hereafter Petitioner) makes the following statements: 1.Information about the Petitioner: Name: First Name Middle Name 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: Personal Representative Other: Date of appointment: (relationship) 2. One year has passed since the appointment of the original Personal Representative or the Petitioner is the Personal Representative. 3. The time for presenting claims that arose prior to the Decedent's death has expired (i.e. one year from date of death; see G. L. c. 190B, § 3-803). II. PERSONS INTERESTED IN THE ESTATE 4.The names and addresses of all interested persons and their interest in the estate are as follows: NAME ADDRESS (omit if since deceased) INTEREST (e.g. heir, devisee, etc.) MPC 855 (3/1/17) page 2 of 4 ALL PETITIONERS MUST COMPLETE 5 AND 6, IF APPLICABLE 5. NONE of the interested persons listed in 4. are under a legal disability except for: NAME LEGAL DISABILITY REPRESENTED BY * (Motion and affidavit required to waive appointment of Guardian ad litem (GAL). See instructions for more information.) NAME/ADDRESS OF REPRESENTATIVE (Provide docket number or proof of appointment for any court appointed fiduciary.) Minor List age: Incapacitated Person (adjudicated or alleged) Protected Person (adjudicated or alleged) Unrepresented or only represented FOR DISTRIBUTIONS PURSUANT TO § 3-915 ONLY: by the accountant (appointment of UTMA Custodian* (copy of proof attached) GAL requested) UCTA Custodian* (copy of proof attached) Independent Guardian Agent under POA* (copy of proof attached) Independent Conservator Other as authorized by G. L. c. 190B, § 3-915*: Parent of Minor* Holder of General Power of Appointment* (list relationship) (copy of proof attached) Virtual Representative* (list relationship) Non -Accounting co-fiduciary pursuant to Uniform Practice XVIA* 6. NONE of the interested persons who survived the decedent are deceased at the time of this filing except for: NAME OF SINCE DECEASED INTERESTED PERSON DATE OF DEATH REPRESENTED BY NAME/ADDRESS OF REPRESENTATIVE (Provide docket number or proof of appointment for any court appointed fiduciary.) Unrepresented (NOTE: Publication is required; Guardian ad litem may be appointed) Personal Representative MPC 855 (3/1/17) page 3 of 4 7. A III. ALLOWANCE OF THE FINAL ACCOUNT (complete only if requesting) and final account is on file with the court or accompanies this Petition. (specify whether 1st, 2nd, etc.) IV. DETERMINATION OF TESTACY (complete only if requesting; you must also complete Section V) 8. Testacy has not been previously formally adjudicated. This Petition is filed within the time period permitted by law (G. L. c. 190B, § 3-108). Three (3) years or less have passed since the Decedent's death, or the following circumstances authorize tardy proceedings (include statutory reference): 9. 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 was informally admitted to probate on: . (date) The will has been probated in the state or country of . An authenticated copy of the will and proof of its probate is in the possession of the court. 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. FORM ALERT: Form MPC 163 Devisees must be on file with the court or accompany this Petition. V. DETERMINATION OF HEIRS (complete only if requesting or if Section IV is completed.) 10. The heirs at law of the estate have not been previously formally adjudicated by the court. The Decedent's surviving spouse, children, heirs at law, so far as known or ascertainable with reasonable diligence by the Petitioner are as stated in the attached MPC 162 Surviving Spouse, Children, Heirs at Law dated: incorporated herein. (date) There are additional heirs at law who are not known to the Petitioner. VI. OTHER REQUESTS AS AUTHORIZED BY G. L. c. 190B, § 3-1001 (complete only if requesting.) 11. The persons or entities entitled to distribution and the amounts to be distributed must be determined. The Petitioner proposes the following: NAME OF PROPOSED DISTRIBUTEE INTEREST PROPOSED DISTRIBUTION MPC 855 (3/1/17) page 4 of 4 12.Provisions of the will which the Petitioner wants construed and the construction sought by the Petitioner are as provided in the attached statement. 13.Other (as authorized by G. L. c. 190B, § 3-1001): VII. RELIEF REQUESTED Wherefore the Petitioner requests that the court (select only as requested above): Approve the and final account(s) as filed, including the distributions stated therein, and adjudicate a final settlement of the estate. Determine testacy and the heirs at law as stated herein. Determine the heirs at law of the Decedent. Determine and approve the distribution as proposed. Construe the will as provided in the attached statement. Other: 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: Information on Attorney for Petitioner, if any Signature of Petitioner Signature of Attorney (Print name) (Address) (Apt, Unit, No. etc.) Primary Phone #: B.B.O. # Email: (City/Town) (State) (Zip)