Request For Reassignment Pursuant To Standing Order 3-17

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.

Request For Reassignment Pursuant To Standing Order 3-17 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:

(04/23/19). Used to request reassignment of an applicable case to the Fiduciary Litigation Session pursuant to Standing Order 3-17. This form may not display properly in your browser. Please download the form and open it using Acrobat reader.

Atticus Fast Facts About Request For Reassignment Pursuant To Standing Order 3-17

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Request For Reassignment Pursuant To Standing Order 3-17:

• 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 304 - Request For Reassignment Pursuant To Standing Order 3-17 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 304, 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 304 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 304 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 Request For Reassignment Pursuant To Standing Order 3-17 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 304 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 304, and when in doubt— consult a qualified trust & estates lawyer for that area.

Request For Reassignment Pursuant To Standing Order 3-17 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 304 - Request For Reassignment Pursuant To Standing Order 3-17 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.

Request For Reassignment Pursuant To Standing Order 3-17 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 304 - Request For Reassignment Pursuant To Standing Order 3-17. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 304 (4/23/19) FLSR page 1 of 3 IMPORTANT NOTICE: To contest reassignment to the Fiduciary Litigation Session, a written response must be filed within ten (10) calendar days of the date of service of the Request for Reassignment in the division where the matter is pending and a copy sent contemporaneously to : (1) The Administrative Office of the Probate and Family Court, Three Center Plaza, 2nd Floor, Boston, MA 02108; and (2) to all attorneys and self -represented parties in the matter. All mailings should be designated, Attn: FLS. REQUEST FOR REASSIGNMENT Pursuant to Standing Order 3-17 Name of assigned judge: Commonwealth of Massachusetts The Trial Court Probate and Family Court Docket No(s). Case Name(s): Form Use: This form shall be used to request reassignment of an applicable case to the Fiduciary Litigation Session pursuant to Standing Order 3-17.This form must be filed in the division where the matter is pending and a copy sent contemporaneously to: (1) The Administrative Office of the Probate and Family Court, Three Center Plaza, 2nd Floor, Boston, MA 02108; and (2) to all attorneys and self-represented parties in the matter. All mailings should be designated, Attn: FLS. 1. Name of Plaintiff/Petitioner Request by assigned judge First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: e-mail: Attorney Information, if any First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: BBO # e-mail: 2. Other Party(ies)/Interested Person(s): First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: e-mail: If necessary, attach a separate page and include all of the above requested information Attorney Information, if any First Name M.I. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: BBO # e-mail: MPC 304 (4/23/19) FLSR page 2 of 3 3. If applicable, list any other Probate and Family Court case related to this matter involving the same parties in the same county. Briefly describe the nature of the case, case name and docket number. Indicate if you request reassignment of this case to the FLS. NOTE: If a related case is located in another county of the Probate and Family Court, a separate Request for Reassignment must be filed in the division where the matter is pending. Nature of the Case Division Case Name Docket # Indicate if: You request reassignment of this case to the FLS. You request reassignment of this case to the FLS. 4. If applicable, list any other court case related to this matter involving the same parties. Briefly describe the nature of the case, name of court and location, case name and docket number. Indicate if you intend to request an interdepartmental assignment of this case pursuant to Trial Court Rule XII. NOTE: Cases located in another Department of the Trial Court may NOT be reassigned to the FLS using a Request for Reassignment. Instead, the procedure set forth in Trial Court Rule XII must be followed. The Rule may be found at www.mass.gov/trial-court -rules/trial-court -rule -xii -interdepartmental- judicial-assignments **** Any case requiring or requesting a jury trial will not be assigned to the FLS**** Nature of the Case Court/Location Case Name Docket # Indicate if: You intend to request an interdepartmental assignment Pursuant to Trial Court Rule XII You intend to request an interdepartmental assignment Pursuant to Trial Court Rule XII 5. Do you know of any reason why a judge of the Fiduciary Litigation Session would be disqualified from this case? No Yes. If yes, explain why. 6. Have the parties attempted or utilized any type of alternative dispute resolution services with a neutral third party? No Yes Unknown If yes, indicate the type of alternative dispute resolution attempted, date(s) of participation, and the result. 7. Please state the nature of this case. Your request for reassignment may be determined without a hearing, or a hearing may be scheduled for purposes of deciding whether reassignment to the Fiduciary Litigation Session is appropriate. Please describe the complexities in this case to assist in determining eligibility. If necessary, attach one additional page only. DO NOT attach any other document to this Request for Reassignment. If you want specific pleadings or documents considered in the review, refer to them by name, date of submission to the current division/court, and docket number. Parties are PROHIBITED from submitting with this Request for Reassignment any new evidence, motions, or other pleadings that have not been previously filed with the current division/court. Parties MUST limit the scope of this Request for Reassignment to only information necessary for a determination of whether reassignment to the Fiduciary Litigation Session is warranted. MPC 304 (4/23/19) FLSR page 3 of 3 8. Certification: I certify that on this date, I sent a copy of this document and any attachments to: (1) The Administrative Office of the Probate and Family Court, Three Center Plaza, 2nd Floor, Boston, MA 02108; (2) the division where the matter is pending; and (3) to all attorneys and self-represented parties in the matter by: Hand-delivery OR US Mail OR E-mail Date ASSENTED TO BY: Date Signature of Attorney or Self -represented Party Signature of Attorney or Self -represented Party (Court Use Only) FOR REASSIGNMENT OUT BY THE ASSIGNED JUDGE Approved (Docket code: FLSRA) Denied (Docket code: FLSRD) Date Assigned Judge