Detailed Answer

“Probate in common form” is a term used in some states (for example, North Carolina) to describe a relatively simple, uncontested way to admit a will to probate and to appoint a personal representative without a full formal hearing. Under Massachusetts law, there is no identical phrase, but the practical equivalents are informal (or summary) probate procedures and the routine appointment of a personal representative under the Massachusetts Probate Court rules and the Massachusetts Uniform Probate Code (M.G.L. chapter 190B).

How the Massachusetts process compares to “probate in common form”

In Massachusetts the probate system generally offers two basic pathways for estate administration:

• Informal/summons-free admission and appointment: When a will is uncontested and interested persons agree, the probate court can admit the will and appoint a personal representative without a contested hearing. This is typically faster and uses routine court intake procedures and forms.
• Formal (contested) probate: If there is a dispute about the validity of the will, the identity of heirs, creditor claims, or other issues, the court may require a formal hearing with notice, evidence, and potentially extensive pleadings and supervision.

Both tracks begin with filing a petition to admit the will (if there is one) and to appoint a personal representative (executor or administrator). The court will review the paperwork, confirm the statutory qualifications of the proposed representative, check whether notice and bond are required, and then issue letters of appointment (often called “Letters Testamentary” or “Letters of Administration”).

Where to find the Massachusetts law and rules

Massachusetts codified probate rules and the state’s version of the Uniform Probate Code are found in M.G.L. chapter 190B. See the chapter for the statutory framework governing admission of wills and appointment of personal representatives: M.G.L. c.190B (Uniform Probate Code). For practical court information and forms, the Probate and Family Court website and the official Mass.gov probate resources are helpful: Massachusetts Probate and Family Court and Estate administration and probate guide (Mass.gov).

Typical steps for an uncontested admission/appointment in Massachusetts

1. Locate the original will (if any) and gather basic documents: death certificate, ID for proposed representative, list of heirs and beneficiaries.
2. File a petition or application with the Probate and Family Court in the county where the decedent lived, asking the court to admit the will and appoint a personal representative. Use the court’s forms where available.
3. Provide any required notice to interested persons or publish notice as the court rules require. If everyone entitled to notice signs consents, the process is often faster.
4. The court reviews the filing and either admits the will and issues Letters or schedules a formal hearing if there is a problem or objection.
5. The appointed personal representative collects assets, pays debts and taxes, files an inventory/account if required by the court, and distributes the estate to beneficiaries under the will or intestacy rules.

When a more formal process is needed

If someone contests the will, the identity of heirs is unclear, creditors dispute claims, or there are allegations of incapacity or undue influence, the court will require a formal probate proceeding. Formal proceedings involve pleadings, evidence, sworn testimony, and sometimes ongoing court supervision of the personal representative.

Practical differences beneficiaries and fiduciaries should know

• Informal admissions are typically quicker and less expensive than full formal probate.
• Informal procedure is appropriate only when there is no substantial dispute about the will or the facts used to admit it.
• The court retains the power to require more information or convert to a formal proceeding if questions arise.

How to proceed if you are unsure which path applies

If the estate appears straightforward (there is an original will, no anticipated disputes, and a willing personal representative), start by contacting the local Probate and Family Court clerk’s office and ask about filing the routine petition forms for admission and appointment. If there are disputes, complex assets, or significant creditor issues, consider consulting an attorney who practices probate and estate administration in Massachusetts.

Disclaimer

This information is educational only and is not legal advice. Laws and court procedures change. For advice about a particular situation, contact a Massachusetts probate attorney or the Probate and Family Court.

Helpful Hints

• Start by locating the original will and certified death certificate — courts generally require originals.
• Use the Probate and Family Court forms and checklists on Mass.gov to reduce delays: Probate court resources.
• If beneficiaries all sign a written consent or the will nominates a clearly qualified personal representative, informal admission is often fast.
• Keep detailed records: inventory of assets, receipts, creditor communications, and distributions; the court or beneficiaries may request accounts later.
• Ask the clerk whether a bond is required for the proposed personal representative — bonds protect creditors and beneficiaries and may be waived by the will or court in some cases.
• If any party objects or if you anticipate disputes, consult a probate attorney early to preserve rights and deadlines.
• For statutes and authority, start with M.G.L. chapter 190B (Uniform Probate Code) and the Probate and Family Court rules: M.G.L. c.190B.