Detailed Answer
When someone dies without leaving a valid will (intestate) in Massachusetts, an interested person must obtain letters of administration from the Probate and Family Court to manage and distribute the decedent’s assets. The Uniform Probate Code, adopted in Massachusetts as M.G.L. c. 190B, outlines the necessary paperwork. Below are the key documents you must file:
1. Death Certificate
Submit a certified copy of the decedent’s death certificate issued by the registrar of births and deaths. The Probate Court requires this to confirm the date and cause of death.
2. Petition for Letters of Administration (Form PC-2)
Prepare and sign the Petition for Probate or Administration (Massachusetts Probate & Family Court Form PC-2). The petition must include:
- The decedent’s full name, date of death, and last residence
- The petitioner’s relationship to the decedent
- Names and addresses of next of kin or other interested persons
- Statement of whether any will was offered for probate
- A proposal for bond amount, if required by the court
Statute reference: M.G.L. c. 190B, § 3-201 (link).
3. Oath of Personal Representative (Form PC-4)
The appointed administrator must take an oath (Form PC-4) swearing to faithfully perform the duties of personal representative. The oath is administered before the Register of Probate.
4. Surety Bond (Form PC-22) or Bond Waiver
Massachusetts law often requires a bond to protect estate creditors and beneficiaries. File a surety bond (Form PC-22) unless the court waives it—commonly waived if the surviving spouse is the sole heir or if all heirs consent in writing.
Statute reference: M.G.L. c. 190B, § 3-301 (link).
5. Notices and Renunciations
Provide proof of mailing notice of the appointment to all persons entitled to notice (Form PC-10B). If any heir or nominee renounces the right to serve, include a signed renunciation (Form PC-6) with the petition.
6. Inventory of Estate Assets (Form PC-40)
Within 90 days of appointment, file an inventory of all real and personal property in the estate. Use Form PC-40, listing values as of the date of death.
7. Filing Fee
Pay the statutory filing fee when submitting your petition. Fees vary by county; check the local Probate Court fee schedule.
Helpful Hints
- Order multiple certified death certificates—creditors often require them.
- Visit your local Probate Court website for blank Probate Forms PC-2, PC-4, PC-6, PC-10B, PC-22, and PC-40.
- Consult M.G.L. c. 190B for detailed bond requirements and when waivers apply.
- Keep copies of everything you file and proof of service on interested parties.
- Consider seeking legal guidance if the estate has complex assets, multiple heirs, or creditor disputes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.