Correcting Errors in Massachusetts Probate Paperwork

Finding the wrong siblings or other incorrect family information in probate paperwork is stressful. Under Massachusetts law you can usually fix such mistakes, but the method depends on whether the error is clerical (a typo) or substantive (wrong people listed as heirs or interested parties). This article explains the common paths to correction, practical steps to follow, and when to consider getting an attorney. This is general information only and not legal advice.

How corrections generally work in Massachusetts probate cases

Massachusetts matters involving estates and wills are handled in the Probate and Family Court. Small clerical mistakes—name spelling, missing middle names, or obvious transcription errors—can often be corrected by filing a request or motion asking the court to correct the record. More substantial mistakes—listing the wrong siblings or heirs—usually require a formal petition, supporting affidavits or evidence, notice to interested persons, and a court order. If the error affected an order already entered (for example, the court distributed property based on wrong information), you may need a petition to reopen the estate or a contested hearing.

Step-by-step: What to do if the wrong siblings are listed

1. Confirm the mistake and collect proof. Compare the court file to reliable records (birth certificates, death certificate, marriage certificates, the decedent’s will or family records). Print or get certified copies. The stronger your evidence showing the correct family relationships, the faster the court can act.
2. Review the docket and filed documents. Visit the Probate and Family Court clerk’s office or use online case search to see what was filed and what orders exist. Note whether the incorrect listing is in a petition, inventory, a return, or a court order.
3. Contact the probate clerk for procedural guidance. Clerks can often tell you which form or petition to file for a correction. They cannot give legal advice, but they can explain local process, required fees, and whether a proposed order form exists.
4. Decide whether the correction is clerical or substantive. If it is a simple clerical error (spelling, wrong middle name) ask the court for a corrected entry or a nunc pro tunc order. If it is substantive (wrong people listed as heirs), prepare to file a petition to amend the probate record, a petition to reopen administration, or a petition for determination of heirs, depending on the circumstances.
5. File the appropriate petition or motion. Common filings include a motion to correct a clerical error, a petition to amend an inventory or petition for determination of heirs, or a petition to reopen the estate. Provide a short affidavit explaining the error and attach documentary proof (certificates, genealogies, copies of the will). Use the Probate and Family Court forms when available.
6. Provide notice to interested persons. Massachusetts rules require notice to all interested persons (heirs, beneficiaries, personal representative, creditors) when substantive matters change. Serve the petition or notice according to court rules and file proofs of service.
7. Attend the hearing or submit a proposed order. Some uncontested clerical corrections can be handled by submitting a proposed corrected order for the judge’s signature. Contested or substantive corrections typically result in a court hearing where the judge reviews evidence and testimony before issuing an order.
8. Obtain a signed court order and update records. After the judge signs the order correcting the record, request certified copies and deliver them to anyone who needs an updated document (banks, title companies, the Registry of Deeds).

When a simple correction may not be enough

If the estate has been administered or property already distributed based on the incorrect information, the court may need to reopen the estate, set aside distributions, or appoint a new personal representative to resolve the error. These are substantive actions that require full notice, evidence, and possibly testimony from witnesses. If other parties object, the case can become adversarial and more complex.

Relevant Massachusetts resources and statutes

• Massachusetts Probate and Family Court — general information and local clerk contacts: https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts General Laws, Chapter 190B (Uniform Probate Code, governing probate matters in MA): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• Probate and Family Court forms and filing information (for petitions, service, and sample orders): https://www.mass.gov/info-details/probate-and-family-court-forms

Practical examples (hypothetical)

Example A — Clerical typo: The decedent’s sister Mary was listed as “Mari Smith” in the inventory. The personal representative files a short affidavit and a proposed corrected order. The judge signs the order correcting the spelling. No hearing is needed.

Example B — Wrong siblings named: The petition listed siblings who are actually cousins. An interested sibling files a petition to amend the record with birth certificates and a family chart. The court sets a hearing, requires notice to all heirs, and issues an order correcting the list of heirs after reviewing the evidence.

Helpful hints

• Act quickly. The sooner you move, the easier the correction and the less likely distributions become irreversible.
• Gather primary documents: birth certificates, death certificates, marriage records, wills, and any prior estate planning documents.
• Keep careful records of filings, service, and court dates—file-stamped copies and proofs of service are critical.
• Use the Probate and Family Court forms page on mass.gov to find common petitions and service forms.
• Ask the probate clerk what local procedures the court follows for uncontested corrections; some clerks accept a proposed order for simple fixes.
• If the error is disputed or property was already distributed, strongly consider hiring a probate attorney. Complex corrections can involve reopening estates and litigating rights to assets.
• Be prepared to provide a short genealogical explanation (family tree) in affidavit form showing the correct relationships.
• Communicate with other interested persons early. Uncontested corrections proceed faster when all parties agree and sign off.

When to get a lawyer

Consult a probate attorney if any of the following apply: anyone objects to the correction; assets were already distributed; the correct heirs are unclear; or the estate is large or contains real property. An attorney can draft the petition, prepare evidence, serve notice properly, and represent you at hearings. If you cannot afford an attorney, ask the clerk about local legal aid resources.

Disclaimer: This article is informational only and not legal advice. Laws change and every case depends on its facts. To understand how Massachusetts law applies to your situation, contact a qualified probate attorney or the Probate and Family Court clerk.