How to Request and Schedule a Probate Hearing When None Is Set

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.

Detailed Answer

In Massachusetts, probate hearings only occur when a party asks the Probate & Family Court to address an issue. If no hearing is on the court’s calendar, you must prepare and file the right documents, serve notice on interested parties, and work with the court clerk to secure a date. Below are the key steps.

1. Identify the Type of Hearing Needed

Probate hearings cover a range of topics, such as:

• Appointment of a personal representative
• Approval of accountings
• Sale of estate property
• Contested will issues

2. Draft a Motion or Petition

Massachusetts Rules of Probate Court require a written request called a “motion” or “petition.” Key elements include:

• Case caption and docket number
• Description of relief requested
• Legal and factual basis for the request
• Proposed order for the judge to sign

3. Prepare a Notice of Hearing

The Notice of Hearing informs all interested parties of the date, time, and location. In most counties, you can use the standard form available from the Probate Court clerk’s office or online. Ensure compliance with:

• Mass. R. Prob. P. 2 and local Probate & Family Court rules
• MGL c. 190B, section 3-904 for service requirements (M.G.L. c.190B § 3-904)

4. File Documents with the Clerk

Submit the following to the clerk’s office:

• Original motion or petition
• Signed Notice of Hearing
• Proposed order/judgment
• Filing fee (varies by county)

5. Obtain a Hearing Date

After filing, the clerk assigns a hearing date. Some courts allow you to select an available date from a posted calendar; others assign the next available slot. Always confirm availability in writing.

6. Serve Notice to Interested Parties

Serve a copy of the motion and the Notice of Hearing on all interested parties—heirs, beneficiaries, petitioners—by methods approved under M.G.L. c. 190B § 3-904. Common methods include:

• First-class mail
• Certified mail, return receipt requested
• Personal delivery (proof by affidavit)

7. Confirm Compliance and Attend Hearing

File proof of service with the clerk at least seven days before the hearing or as required by local rules. On the hearing date, arrive early with extra copies of all documents.

Helpful Hints

• Review local Probate & Family Court rules posted on Mass.gov.
• Use the Probate Court’s electronic filing system if available in your county.
• Keep a detailed service log and certificate of mailing.
• Prepare a brief written summary of your arguments for the judge.
• Confirm hearing dates and times in writing with the clerk.
• Bring a valid photo ID when you appear in court.
• Consider mock hearings or consultations with an attorney to practice.