Massachusetts Formal Probate Petition - MPC 160 Preparation Worksheet

MASSACHUSETTS FORMAL PROBATE PETITION - MPC 160 PREPARATION WORKSHEET

Before you use this: The Probate and Family Court requires its official MPC 160 petition for formal probate. For a will, the court also lists MPC 162 (heirs) and MPC 163 (devisees) as required. Use this worksheet to prepare those forms; do not file this worksheet as a petition. Court instructions.

Information for the Massachusetts Probate and Family Court forms

Proposed petitioner: [PETITIONER FULL LEGAL NAME]. Record the facts and requested relief below for transfer to MPC 160 and its required schedules. The signed court petition must be completed on the current official form.

1. Decedent and petitioner

1. The decedent's full legal name was [________________________________]. Other names used: [________________________________]. The decedent died on [__/__/____] at age [____] and was domiciled in [city/town, state: ________________________________] at [street address, city, state, ZIP: ________________________________________________].

2. Death-certificate status for MPC 160: ☐ certified copy available ☐ already in the Court's possession ☐ unavailable; record the reason and any affidavit or search information: [____________________________________________________________].

3. Proposed petitioner: [FULL NAME], of [street address, city, state, ZIP: ________________________________________________]. Mailing address, if different: [________________________________]. Telephone: [________________]. Email: [________________________________].

4. Petitioner's interest in the estate is [nominated personal representative / surviving spouse / devisee / heir / other: ________________________________________________].

2. Timing and venue

5. Record the elapsed time since death and any facts counsel will use to confirm the filing deadline or exception: [____________________________________________________________].

6. Record the facts for counsel's venue review: on the date of death, the decedent ☐ was domiciled in this county ☐ was not domiciled in Massachusetts but owned property in this county located at [________________________________].

3. Persons interested in the estate

7. Gather the decedent's surviving spouse, children, and heirs at law for MPC 162 and the will's devisees for MPC 163, using reasonable diligence. Additional names or addresses still unknown and the efforts made to find them: [none / describe: ________________________________________________].

8. Any personal representative whose appointment has not terminated, other interested person requiring notice, or person entitled to act for a minor or incapacitated interested person is identified here or on an attached schedule: [____________________________________________________________].

4. Will and testacy status

9. Will date: [__/__/____]. Codicil dates: [________________] or ☐ none. Record the evidence of execution, the search for later instruments, and any known revocation issue for counsel's review: [____________________________________________________________].

10. Original will and codicils: ☐ available to file with MPC 160 ☐ already in the Court's possession ☐ lost, destroyed, or otherwise unavailable. If unavailable, prepare a statement of contents and search efforts; identify any available copy: [________________________________]. If probated elsewhere, identify the jurisdiction and authenticated materials to obtain: [________________________________].

11. Prior informal probate findings or appointment concerning this estate: ☐ none known ☐ described here: [____________________________________________________________].

5. Requested personal representative and bond

12. Proposed personal representative(s), each at least 18 years old: [FULL NAME(S): ________________________________________________]. Address and contact information: [____________________________________________________________].

13. The nominee's basis for priority is ☐ nomination in the will ☐ renunciation or nomination by persons with higher or equal priority, attached ☐ other basis, explained: [____________________________________________________________]. Persons with higher or equal priority and their positions are [________________________________]. If priority is disputed or a higher-priority person has not sought appointment, explain: [____________________________________________________________].

14. Prior appointment or pending proceeding: ☐ none known in Massachusetts or elsewhere ☐ identified in [court/state: ________________________________]; representative's name and address: [____________________________________________________________].

15. Bond planning for MPC 801 if appointment is requested: ☐ with sureties in proposed penal sum $[________________] ☐ without sureties. Record the basis for requesting no sureties: ☐ will waiver ☐ written waivers to obtain ☐ other basis for counsel to review: [____________________________________________________________].

16. Administration to request on MPC 160: ☐ unsupervised ☐ supervised. Will direction: [________________________________]. Record any reason for a different request or for supervision: [____________________________________________________________].

6. Relief to request on MPC 160

Record the relief to request on the official petition, subject to counsel's review and the court's notice requirements:

A. determine the decedent's heirs and adjudicate the will dated [__/__/____], together with codicils dated [________________], as the decedent's valid will;

B. admit that will and those codicils to formal probate;

C. appoint [NOMINEE NAME(S)] as personal representative in ☐ unsupervised ☐ supervised administration, approve the bond ☐ with ☐ without sureties, and issue Letters of Authority; and

D. grant this additional relief, if requested and supported: [____________________________________________________________].

7. Official-form verification and signatures

Identify who will review and sign the verification on MPC 160. Sign only the official form as required; this worksheet is not a signed court petition.

Proposed signing petitioner(s): [________________________________]

Attorney name and BBO number, if any: [________________________________]

Attorney address, telephone, and email: [____________________________________________________________]

Official-form attachments and notice checklist

☐ Original will and codicils, or the explanation and copy or authenticated foreign probate materials stated above.

☐ Public officer's death certificate, or the explanation stated above.

☐ Complete MPC 162 surviving spouse, children, and heirs schedule and MPC 163 devisees schedule.

☐ MPC 801 bond if appointment of a personal representative is requested, plus any surety waiver or renunciation/nomination and other supporting evidence.

☐ MPC 560 citation return of service and MPC 755 proposed decree and order, as directed by the court.

☐ MPC 470 military affidavit unless all interested persons have filed written assents and waivers of notice.

☐ Court-issued citation and notice documents for interested persons, handled as the Court directs.

☐ Petitioner must send the court-issued citation, a copy of the petition, and the death certificate by certified mail to the Division of Medical Assistance, Estate Recovery Unit, at least fourteen (14) days before the return day, and certify that notice on MPC 160. The Division is a separate recipient; sending documents to the Court does not provide this notice. Verify the current Estate Recovery Unit mailing address before sending.

Official sources

• Mass. Gen. Laws c. 190B, § 3-402
• Probate and Family Court Petition for Formal Probate (MPC 160)
• Court's current formal probate forms list