Petition for Formal Probate of Will and Appointment of Personal Representative (Massachusetts)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Massachusetts requires the use of the official Probate and Family Court form
MPC 150 — Petition for Formal Adjudication of Testacy and/or Appointment (for formal
probate of a will and appointment of a personal representative under the Massachusetts
Uniform Probate Code, G.L. c. 190B). For informal probate, use MPC 150 filed with
the MPC 170 Magistrate's packet / informal petition route. This template supplies the
substantive legal content to help you prepare — you must transfer your content onto the
official form before filing. Forms are available at
https://www.mass.gov/lists/probate-and-family-court-forms-for-wills-estates-and-trusts.
Do not file this document directly with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

COMMONWEALTH OF MASSACHUSETTS — THE TRIAL COURT — PROBATE AND FAMILY COURT DEPARTMENT, [COUNTY] DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries Under the Will
7. Heirs at Law Entitled to Notice
8. Nomination and Priority of Personal Representative
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Certificate of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF:

Docket No.: [____________________________________]

☐ Formal Probate (G.L. c. 190B, § 3-401) ☐ Informal Probate (G.L. c. 190B, § 3-301)

Return Date / Hearing: [__/__/____] Time: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Massachusetts [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Personal Representative (Executor) nominated in the Decedent's Will
Relationship to Decedent: [RELATIONSHIP]

Petitioner is an "interested person" within the meaning of G.L. c. 190B, § 1-201, and is at least 18 years of age and not otherwise disqualified.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. Venue is proper in this Division under G.L. c. 190B, § 3-201 because the Decedent was domiciled in [COUNTY] County, Massachusetts at the time of death.

b. ☐ The Decedent was not domiciled in the Commonwealth, but venue is proper here because property of the Decedent was located in this county at the time of death (§ 3-201(a)(2)).

c. The Decedent died on [__/__/____], leaving a Last Will and Testament; the Decedent died testate.

d. ☐ No personal representative of the Decedent has been appointed in this or any other jurisdiction, except as follows: [________________________________________________].

e. This Petition is filed within three (3) years after the Decedent's death (G.L. c. 190B, § 3-108).

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for formal probate the Decedent's Last Will and Testament dated [__/__/____], together with the following codicil(s): [LIST CODICIL DATES, OR "NONE"].

b. The original Will (and codicil(s)) accompanies this Petition / is in the possession of the Court.

c. Self-Proving Status (G.L. c. 190B, § 2-504):
☐ The Will is self-proved by the affidavit of the Testator and the attesting witnesses, sworn before an officer authorized to administer oaths; under § 3-405 it may be admitted to probate without the testimony of any subscribing witness.
☐ The Will is not self-proved; due execution will be established under G.L. c. 190B, §§ 3-405 and 3-406 by the testimony or affidavit of an attesting witness or other proof.

d. Attesting Witnesses:

e. After diligent search, to the best of Petitioner's knowledge the instrument offered is the Decedent's last will, was validly executed, and Petitioner is unaware of any instrument revoking it or any later will.

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The devisees named in the Will, who are interested persons entitled to notice under G.L. c. 190B, § 3-403:

7. HEIRS AT LAW ENTITLED TO NOTICE

The surviving spouse, children, and other heirs of the Decedent who would take by intestate succession (G.L. c. 190B, Art. II, Part 1), who must receive notice under § 3-403:

☐ There is no surviving spouse or heir, or a devisee is a charity — notice to the Attorney General is required (§ 3-403(d)).
☐ A spouse, heir, or devisee is a minor or incapacitated person — notice to that person and to any guardian/conservator is required (§ 3-403(e)).

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. Petitioner has priority for appointment as personal representative under G.L. c. 190B, § 3-203(a)(1) as the person with priority determined by the probated Will (the person nominated as executor/personal representative therein).

b. Statutory priority order (§ 3-203(a)): (1) the person with priority under a probated will, including one nominated by a power conferred in a will; (2) the surviving spouse who is a devisee; (3) other devisees; (4) the surviving spouse; (5) other heirs; (6) a public administrator if no known spouse or next of kin.

c. Petitioner is not under the age of 18 and the Court has not found Petitioner's appointment contrary to the best interests of the estate (§ 3-203(f)). Petitioner is therefore qualified to serve.

d. ☐ All persons with equal or higher priority have renounced and/or nominated Petitioner in writing (renunciations/nominations attached).

9. BOND

Pursuant to G.L. c. 190B, § 3-603, a personal representative shall file a bond.

☐ The Will directs that no surety be required or waives surety; Petitioner therefore requests appointment on bond without surety.
☐ All devisees named in the Will (or all heirs, if applicable) have filed written waivers of surety; Petitioner requests bond without surety.
☐ Petitioner will file bond with corporate surety in an amount fixed by the Court.

Proposed penal sum of bond: $[________________]

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Set the matter for hearing / assign a return date and order notice under G.L. c. 190B, § 3-403;

b. Adjudicate that the Decedent died testate and that the instrument dated [__/__/____] is the Decedent's valid Last Will and Testament;

c. Admit the Will (and codicil(s)) to formal probate;

d. Appoint Petitioner as Personal Representative of the Decedent's estate;

e. Issue Letters Testamentary / Letters of Authority to Petitioner;

f. Approve bond ☐ without surety ☐ with surety in the amount of $[________________];

g. Grant such other and further relief as is just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], swear/affirm under the pains and penalties of perjury that I have read the foregoing Petition and that the facts stated therein are true to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Massachusetts.

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
BBO No.: [________________]
Address: [________________________________]
Telephone: [________________________________]

12. NOTICE OF HEARING / CERTIFICATE OF SERVICE

Notice (G.L. c. 190B, §§ 3-403, 1-401): Upon commencement of a formal testacy proceeding, the petitioner must give notice in the manner prescribed by § 1-401 to the surviving spouse, children and other heirs, the devisees and executors named in any will offered or probated, and any personal representative whose appointment has not been terminated. Notice must be given at least 7 days before the time set for hearing/return date by delivery, or at least 14 days before by ordinary first-class mail or by publication (§ 1-401(a)). Notice by certified mail (with petition and death certificate) must also be given to the Division of Medical Assistance (§ 3-403(g)).

☐ Notice mailed/delivered to all interested persons as required by §§ 1-401, 3-403.
☐ Notice by publication in [NEWSPAPER NAME] to unknown persons and persons whose addresses are unknown (§ 3-403(b)).
☐ Notice to the Massachusetts Attorney General (§ 3-403(d)), if applicable.
☐ Citation issued and returned (Court-issued return date).

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

13. ATTACHMENTS CHECKLIST

☐ Form MPC 150 — Petition for Formal Adjudication (Testacy and/or Appointment)
☐ Original Last Will and Testament (and original codicil(s))
☐ Certified copy of Death Certificate
☐ Self-Proving Affidavit (G.L. c. 190B, § 2-504), if any
☐ Surviving Spouse, Children, Heirs at Law form (MPC 162)
☐ Devisee/Interested Persons list
☐ Bond (MPC 801) and, if required, surety
☐ Military Affidavit (MPC 470), if applicable
☐ Proposed Decree and Order (MPC 750)
☐ Proposed Letters of Authority for Personal Representative (MPC 755)
☐ Citation / Notice (MPC 550, 551, 555) as ordered
☐ Filing fee and surcharge

SOURCES AND REFERENCES

• G.L. c. 190B, § 3-402 (formal testacy/appointment petition contents)
• G.L. c. 190B, § 3-403 (notice of hearing): https://www.mass.gov/info-details/mass-general-laws-c190b-ss-3-403
• G.L. c. 190B, § 3-203 (priority): https://www.mass.gov/info-details/mass-general-laws-c190b-ss-3-203
• G.L. c. 190B, § 2-504 (self-proved will): https://www.mass.gov/info-details/mass-general-laws-c190b-ss-2-504
• G.L. c. 190B, § 3-603 (bond/sureties): https://www.mass.gov/info-details/mass-general-laws-c190b-ss-3-603
• Probate and Family Court forms: https://www.mass.gov/lists/probate-and-family-court-forms-for-wills-estates-and-trusts