Disclaimer: This article provides general information on serving court orders in Massachusetts probate cases. It does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
In Massachusetts probate proceedings, you must serve court orders on every interested party to advance the case. Interested parties include heirs, beneficiaries, creditors and guardians. Proper service starts appeal timelines and allows the court to issue letters of administration, confirmations or a final decree of distribution.
Step 1: Identify Interested Parties
Under M.G.L. c. 190B § 1-201, “interested person” covers anyone with a legal or financial stake in the estate. Review the petition, will and family tree to list heirs, devisees, creditors and any guardians of an incapacitated person.
Step 2: Choose a Service Method
Massachusetts law allows two main service methods for formal probate orders:
- Personal delivery by sheriff or approved process server (M.G.L. c. 190B § 3-503(c)).
- Certified mail with a return receipt, if the party signs and returns the green card (M.G.L. c. 190B § 3-503(c)).
If a party cannot be located after diligent search, you may publish notice in a local newspaper under M.G.L. c. 190B § 3-505(b).
Step 3: Serve the Court Order
1. Prepare two copies of the signed court order or decree.
2. Deliver one copy to each interested party or mail it certified.
3. Retain the signed receipt or affidavit of service.
Using a sheriff’s department or licensed process server ensures compliance with Massachusetts Rules of Civil Procedure, Rule 4.
Step 4: File Proof of Service
Within the time specified by the court (often 14 days after the order), file a Certificate of Service or Return of Service in the Probate & Family Court record. Attach:
- The signed green cards or affidavits of service.
- A copy of the order served.
Proof of service triggers the statutory appeal period under M.G.L. c. 190B § 3-703(a). Once that period ends without an appeal, you may request the court to issue the next order—such as letters of administration or the final decree.
Helpful Hints
- Maintain a detailed service log: date, method, and person served.
- Confirm addresses in advance to avoid rejected mail.
- Use a licensed process server or sheriff for difficult-to-locate parties.
- Check local probate court rules for additional requirements.
- File proof of service promptly to prevent delays or challenges.
- Keep certified mail receipts and affidavits together in one file.