Steps to File Probate Court Documents and Publish Creditor Notices in Massachusetts

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

Detailed Answer

1. Determine Whether Probate Is Required

Under Massachusetts law, you must open a probate estate if the decedent held assets in their sole name without named beneficiaries or joint owners. Assets held jointly or with payable-on-death designations may pass outside probate. Review account titles and property deeds before filing.

2. Prepare and File a Petition for Appointment

File a petition with the Probate and Family Court in the county where the decedent resided. Common forms include the petition for informal probate or appointment of a personal representative. Attach a certified death certificate, the original will (if one exists), and a list of heirs or beneficiaries. Pay the required filing fee.

Statute reference: Massachusetts General Laws Chapter 190B Section 3-201 (MGL c. 190B § 3-201).

3. Notify Interested Persons of the Probate Hearing

After filing, the court schedules a hearing or issues letters of informal administration. You must mail notice of the petition and hearing date to all interested persons—heirs, devisees and named beneficiaries—at least 10 days before the hearing. Proof of mailing must be filed with the court.

Statute reference: MGL c. 190B § 3-401 (MGL c. 190B § 3-401).

4. Publish Notice to Creditors

Within 30 days after appointment, publish a notice to creditors in a newspaper with general circulation in the county of administration. Run the notice once a week for three consecutive weeks. The notice must:

• Identify the estate and personal representative.
• Specify the deadline for filing claims (generally nine months from first publication).
• Provide the name and address of the court and personal representative.

Mail a copy of the notice to each known or reasonably ascertainable creditor.

Statute reference: MGL c. 190B § 3-801 (MGL c. 190B § 3-801).

5. File Proofs of Notice

After completing publication and mailing, file affidavits or certificates of publication and mailing with the Probate and Family Court. These proofs verify you met statutory notice requirements and allow you to continue distributing assets.

Helpful Hints

• Review local Probate Court rules for specific filing procedures and fees.
• Maintain organized copies of all court documents, notices and proofs.
• Choose a newspaper approved by the court and widely circulated in the county.
• Compile a list of known creditors early to ensure timely mailing.
• Track publication dates carefully to avoid delays or challenges.
• Consider using a professional publication service to handle notices.