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Disclaimer: This article is for educational purposes only and is not legal advice.

Detailed Answer

In Massachusetts, probate begins in the Probate and Family Court in the county where the decedent was domiciled. An “interested party” may include an executor named in a will, a beneficiary, an heir, a creditor, or another individual with a stake in the estate.

1. Determine the Appropriate Procedure
   • Small Estate Process: If the estate’s personal property does not exceed $25,000 and no real property passes through probate, file an Application for Determination of Descent under M.G.L. c. 190B, §3-101. (Section 3-101)
   • Formal/Informal Probate: For larger estates or when a will exists, pursue informal probate if all heirs agree. Otherwise, initiate formal probate by filing a petition.
2. Prepare Required Documents
   • Petition for Informal Probate of Will and Appointment of Personal Representative (Probate Form MPC 010)
   • Original will and codicils (if any)
   • Certified death certificate
   • Affidavit of Heirs (if no will)
   • Notice of Appointment (M.G.L. c. 190B, §1-401) (Section 1-401)
3. File the Petition
   File all forms and exhibits with the Register of Probate in the appropriate county and pay the required filing fee.
4. Provide Notice to Interested Parties
   Serve or mail notice to beneficiaries, heirs, creditors, and any other interested parties within the deadlines set by M.G.L. c. 190B, §3-301. (Section 3-301)
5. Appointment of Personal Representative
   After reviewing the petition and verifying that notice requirements are met, the Register issues a Certificate of Appointment. The appointed personal representative must then file an oath and letters of authority.
6. Post-Appointment Requirements
   • File an inventory of estate assets within 30 days
   • Manage estate property, pay debts and taxes, and distribute assets according to the will or Massachusetts intestacy laws (M.G.L. c. 190B, Part III)

For more information on probate administration, visit the Probate and Family Court page at Mass.gov.

Helpful Hints

• Contact the local Register’s Office to confirm county-specific requirements and fee schedules.
• Keep multiple certified copies of the death certificate for financial institutions.
• Consult the Massachusetts Probate Manual available at malegislature.gov for form instructions.
• Consider bonding requirements for personal representatives without waiver language in the will.
• Track deadlines carefully—missed notices or filings can delay probate.