Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Massachusetts probate attorney for your specific situation.
Detailed Answer
1. Determine Testacy or Intestacy
First, confirm whether the decedent left a valid will. If a will exists, you must petition for informal probate of will and appointment of a personal representative under Mass. Gen. Laws ch. 190B § 3-301. Without a will, you petition for appointment of an administrator under ch. 190B § 3-203.
2. Prepare and File the Petition
Submit the appropriate petition to the Probate & Family Court in the county where the decedent was domiciled at death. You can file:
- Petition for Probate of Will and Appointment of Personal Representative (with will) – see ch. 190B § 3-301: Section 3-301
- Petition for Appointment of Administrator (intestate) – see ch. 190B § 3-203: Section 3-203
3. Attach Required Documents
Include these with your petition:
- Certified copy of the decedent’s death certificate
- Original will, if applicable
- List of all heirs or beneficiaries with current addresses
- Any creditor claims or funeral expense receipts, if available
4. Pay Filing Fees
Massachusetts charges court filing fees for probate petitions. See Mass. Gen. Laws ch. 218 § 26 for current fee schedules: Section 26.
5. Provide Notice to Interested Parties
After filing, serve notice on all heirs and beneficiaries. Massachusetts law requires notice under ch. 190B § 3-102: Section 3-102. In some cases, you may need to publish a notice in a local newspaper or post a court-approved notice at the courthouse.
6. Attend the Court Hearing
The court schedules a hearing to review the petition. If there are no disputes, the judge will issue either letters testamentary (when probating a will) or letters of administration (intestate). If the court requires a surety bond, arrange it before the hearing.
7. Obtain Letters of Authority
Once granted, collect the official letters from the Probate & Family Court clerk. These documents empower you to manage estate assets, pay debts, and distribute property under Massachusetts law.
Helpful Hints
- Order multiple certified death certificates in advance.
- Locate and review all estate planning documents before filing.
- Create a contact list of heirs and beneficiaries with up-to-date addresses.
- Keep organized records of expenses paid on behalf of the estate.
- Verify bond requirements—courts often waive bonds when consents are filed.
- Use court-provided probate packet forms, available at your local Probate & Family Court or online.
- Consider consulting a probate attorney if disputes arise or if the estate is complex.