Surviving Spouse, Children, Heirs At Law

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.

Surviving Spouse, Children, Heirs At Law 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 must be used to identify a Decedent's surviving spouse, children and heirs at law. Heirs at law are persons entitled to receive the Decedent's property under the intestacy succession laws if there is no will.

Atticus Fast Facts About Surviving Spouse, Children, Heirs At Law

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Surviving Spouse, Children, Heirs At Law:

• 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 162 - Surviving Spouse, Children, Heirs At Law 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 162, 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 162 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 162 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 Surviving Spouse, Children, Heirs At Law 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 162 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 162, and when in doubt— consult a qualified trust & estates lawyer for that area.

Surviving Spouse, Children, Heirs At Law 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 162 - Surviving Spouse, Children, Heirs At Law 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.

Surviving Spouse, Children, Heirs At Law 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 162 - Surviving Spouse, Children, Heirs At Law. You can use this to get an idea of the context of the form and what type of information is needed.

MPC 162 (4/15/16) SCH page 1 of 3 SURVIVING SPOUSE, CHILDREN, HEIRS AT LAW G. L. c. 190B, § 3-301 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 USE: This form must be used to identify a Decedent's surviving spouse, children and heirs at law. Heirs at law are persons entitled to receive the Decedent's property under the intestacy succession laws if there is no will. For dates of death on or after March 31, 2012, the Massachusetts Uniform Probate Code, G. L. c. 190B, § 2-101, et seq., should be consulted. For deaths prior to that date, see applicable law. Instructions: Complete ALL applicable sections of this form. For step by step instructions on how to complete this form, click on the instructions link above or see Instructions MPC 958. ALL PETITIONERS MUST COMPLETE LINE 1 AND LINE 2. 1. The Decedent did not leave a surviving spouse. left a surviving spouse: NAME OF SURVIVING SPOUSE ADDRESS (omit if since deceased) 2. a. The Decedentdid not have children (biological or adopted). had the following children (biological or adopted): NAME OF DECEDENT'S CHILD ADDRESS (omit if deceased) CHILD OF SURVIVING SPOUSE A MINOR Yes No Yes Yes No Yes Yes No Yes b. The surviving spouse has surviving descendants (children, grandchildren, etc.) who are not descendants of the Decedent. Complete line 3 ONLY if the Decedent left children in line 2a who are also heirs at law. 3.a. b. All of the children listed in 2a survived the Decedent. The following children listed in 2a died before the Decedent: NAME OF PREDECEASED CHILD DATE OF DEATH c. The predeceased child(ren) listed in 3b: did not leave surviving descendants (children, grandchildren, etc.) (biological or adopted). left the following surviving descendants (children, grandchildren, etc.) (biological or adopted): MPC 162 (4/15/16) SCH page 2 of 3 NAME OF SURVIVING DESCENDANT OF PREDECEASED CHILD ADDRESS (omit if since deceased) RELATIONSHIP TO DECEDENT A MINOR Yes Yes Complete line 4 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.). Otherwise STOP and go to line 7 and line 8. 4. The Decedent did not leave a surviving parent. left a surviving parent or parents: NAME OF SURVIVING PARENT(S) ADDRESS (omit if since deceased) For deaths on or after March 31, 2012: Complete line 5 ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.) or parents. Otherwise STOP and go to line 7 and line 8. For deaths prior to March 31, 2012: Complete line 5 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.) or parents. Otherwise STOP and go to line 7 and line 8. 5. a. The Decedent whole or half -blood): did not leave a surviving sibling. left the following surviving sibling(s) (biological or adopted, NAME OF SURVIVING SIBILING ADDRESS (omit if since deceased) A MINOR Yes Yes b. One or more of the Decedent's siblings died before the Decedent and left surviving descendants (biological or adopted): For deaths on or after March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving spouse, descendants (children, grandchildren, etc.), parents, siblings or descendants of any predeceased sibling. Otherwise STOP and go to line 7 and line 8. For deaths prior to March 31, 2012: Complete line 6 ONLY if the Decedent left NO surviving descendants (children, grandchildren, etc.), parents, siblings or descendants of any predeceased sibling. Otherwise STOP and go to line 7 and line 8. 6. List the heirs as defined by the law in effect on the Decedent's date of death. (Select one): The heirs at law are as follows: For assistance, see the Instructions and the Massachusetts Degree of Kinship Chart (MPC 960). See also line 7 and line 8. NAME OF SURVIVING DESCENDANT OF PREDECEASED SIBLING ADDRESS (omit if since deceased) RELATIONSHIP TO DECEDENT A MINOR Yes MPC 162 (4/15/16) SCH page 3 of 3 NAME OF HEIR ADDRESS (Omit if since deceased) RELATIONSHIP TO DECEDENT A MINOR Yes Yes After a reasonable diligent search, the heirs at law are unknown or unascertainable. (Requires a formal proceeding.) ALL PETITIONERS MUST COMPLETE LINE 7 AND LINE 8, if applicable. 7.NONE of the Decedent's heirs at law (surviving spouse, children, etc.) are under a legal disability except for: NAME OF HEIR AND RELATIONSHIP TO DECEDENT LEGAL DISABILITY REPRESENTED BY * (Guardian ad litem required unless waived. See Instructions) NAME/ADDRESS OF REPRESENTATIVE (Provide docket number or proof of appointment for any court appointed fiduciary.) Minor List age: Incapacitated or protected person (adjudicated or alleged) Guardian Conservator Unrepresented* Minor List age: Incapacitated or protected person (adjudicated or alleged) Guardian Conservator Unrepresented* 8.NONE of the heirs at law (surviving spouse, children, etc.) who survived the Decedent are deceased at the time of this filing except for: NAME OF SINCE DECEASED HEIR AND RELATIONSHIP TO DECEDENT DATE OF DEATH REPRESENTED BY NAME/ADDRESS OF REPRESENTATIVE (Provide docket number or proof of appointment for any court appointed fiduciary.) Personal Representative (Required for an informal proceeding) Unrepresented (Formal proceeding required) Personal Representative (Required for an informal proceeding) Unrepresented (Formal proceeding required) 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 (Print name)