Notifying Heirs When You Open Probate in Massachusetts

This FAQ explains what notices you generally must send to notify heirs and other interested persons when you open a probate case in Massachusetts. It summarizes common court practices, how to identify who must be notified, acceptable delivery methods, and practical steps you can follow. This is educational information only and is not legal advice.

Detailed answer: who must get notice and how to serve them

Short answer: When you open a probate case in Massachusetts you must notify the court’s listed interested persons — typically heirs at law, beneficiaries named in a will, and other persons with a legal stake in the estate — by providing the court with their names and addresses and serving them with notice of the petition or filing as the Probate Court requires. The Probate Court generally requires proof that those persons were notified.

1. Who counts as an interested person / heir?

Interested persons commonly include:

• Individuals named in the decedent’s will (beneficiaries or devisees).
• Heirs at law who would inherit if there were no valid will (spouse, children, parents, siblings, etc.).
• Persons who have a claim or dispute about the estate (named creditors, devisees under a prior will, or others with a legal interest).

Because the identity of heirs can affect who receives notice, gather basic family information (spouse, children, grandchildren, parents, siblings, and their descendants) before you file. If a potential heir’s status is unclear, the Probate Court can help determine who qualifies as an interested person.

2. What specific notices are required?

Massachusetts Probate Court practice requires that the petitioner provide the court with a list of interested persons and typically serve those persons with notice of the filing and/or a copy of the petition or paperwork opening the estate. The court expects:

• Filing a complete petition to open probate or to appoint a personal representative.
• Providing the court with a mailing list of interested persons and their addresses.
• Serving (or mailing) notice to those interested persons in the manner required by the court and filing proof of service with the court.

For official guidance and forms, see the Probate and Family Court resources and the Massachusetts probate statutes: Open a probate case for someone’s estate (Mass.gov) and Chapter 190B of the Massachusetts General Laws (probate code): M.G.L. c.190B.

3. How to deliver notice

Common methods the Probate Court accepts include:

• Personal service (delivering notice directly) where required by a court order.
• Mailing by first-class mail or certified mail to each listed interested person, often with a return receipt or other proof of delivery. The court usually wants documentation showing the date and method of service.
• If an heir cannot be located after reasonable efforts, the court may allow publication of notice in a newspaper or other alternative notice. Publication is typically used only when you cannot find an interested person’s address.

Exact acceptable methods and any required waiting periods or hearing notices vary by court and by type of petition (for example, informal probate vs. formal adjudication). The clerk’s office can tell you which method it expects for your specific filing.

4. Timing and proof of notice

After you file a petition, serve all interested persons promptly and file proof of service with the Probate Court. If the petition sets a hearing date, the court must give interested persons sufficient notice to appear or object. You should keep copies of all mailed notices, certificates of mailing, certified-mail return receipts, and any personal service affidavits.

5. What happens if a person is not notified?

If an heir or beneficiary does not receive required notice, they may later challenge proceedings, object to the appointment of a personal representative, or seek relief. Proper notice protects both the estate administration and the personal representative from later disputes.

6. Creditors and publication

Notifying heirs is different from notifying creditors. The personal representative must follow Massachusetts rules for creditor notice and claims, which may include publication or additional steps. For creditor notice procedures and timelines see the Probate Court materials and consult the statutes or an attorney.

Helpful hints when preparing notices and serving heirs

• Start by collecting a simple family tree and contact info for the decedent’s spouse, children, parents, siblings, and any others who might qualify as heirs.
• Use certified mail with return receipt or maintain a signed affidavit when you personally serve a notice; proof of service is important.
• File a complete mailing list with the probate petition and check local Probate Court rules or clerk instructions for any required forms.
• If you cannot locate a likely heir after reasonable searches, ask the court for permission to use publication or other alternative notice methods instead of risking improper service.
• Keep careful records of every attempt to notify a person, including dates, addresses, and copies of notices sent.
• Use the Probate and Family Court’s online guides and forms to ensure you follow local procedures: Massachusetts Probate and Family Court (Mass.gov).
• When in doubt, call the clerk’s office in the county where you will file. Clerks can answer many procedural questions but cannot give legal advice.
• Consider consulting a probate attorney if the estate is large, there are many heirs, heirs are missing, or if you expect conflicts. An attorney can prepare proper notices and proofs of service and reduce the risk of later disputes.

Disclaimer: This article is for educational purposes only and is not legal advice. Laws and local court procedures change. For advice tailored to your situation, consult a qualified probate attorney or contact the Probate and Family Court.