All Massachusetts Forms
Homepage ⇒ Fill Your Mpc 160 Massachusetts Form
Table of Contents

Navigating the complexities of probate law in Massachusetts requires a thorough understanding of various forms, among which the MPC 160 Massachusetts form is pivotal. This document, titled "Petition for Formal Probate of Will, Adjudication of Intestacy, and Appointment of Personal Representative," is a crucial step in the process of settling a deceased person's estate, whether they died with a will (testate) or without one (intestate). It serves as a formal request to the Probate and Family Court to acknowledge the petitioner’s role, whether as an individual or entity, and to initiate the probate process. This includes the formal probate of a will, where the authenticity of the document is verified and approved by the court, or the adjudication of intestacy, determining how the estate should be divided according to state laws in the absence of a will. Furthermore, it covers the appointment of a personal representative, empowering them to manage and distribute the deceased's estate. The form also encompasses the specifics of the decedent's and petitioner's information, reasons supporting the necessity of formal proceedings, and details on the decedent's marital and family status, among other elements. Recognizing the roles and responsibilities outlined in the MPC 160 form is essential for anyone involved in the probate process, ensuring that the deceased's estate is managed and resolved according to Massachusetts law and the decedent’s wishes.

Mpc 160 Massachusetts Sample

PETITION FOR FORMAL

PROBATE OF A WILL

ADJUDICATION OF INTESTACY

APPOINTMENT OF A PERSONAL REPRESENTATIVE OTHER:

PURSUANT TO G.L. c. 190B, § 3-402

Docket No.

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court

Estate of:

Division

First Name

 

Middle Name

 

Last Name

Date of Death:

The Petitioner(s) (hereafter "Petitioner"), an interested person(s), makes the following statements:

1.Information about the Decedent: Name:

First NameMiddle NameLast Name

Also known as:

Name

Street Address:

(Address)(Apt, Unit, No. etc.) (City/Town) (State) (Zip)

The Decedent died on

 

at the age of

 

years.

 

 

(date)

 

 

 

 

 

 

The Decedent was domiciled in

,

 

.

 

 

 

 

 

(City/Town)

 

 

(State)

 

A death certificate issued by a public officer is in the possession of the Court or accompanies this Petition.

A death certificate issued by a public officer is not in the possession of the Court and does not accompany this Petition.

The circumstances which make it impossible for a death certificate to be provided are (See G.L. c. 190B, §§ 3-402(b) &

1-107):

2.Information about the Petitioner(s): Name:

First Name

 

 

 

 

M.I.

 

 

 

 

Last Name

 

 

 

 

 

 

 

 

 

 

 

 

(Address)

 

(Apt, Unit, No. etc.)

(City/Town)

 

(State)

 

 

(Zip)

Mailing Address, if different:

(Address)

 

(Apt, Unit, No. etc.)

 

(City/Town)

 

(State)

 

(Zip)

Primary Phone #:

Interest of the Petitioner (e.g., Personal Representative named in Will, surviving spouse, heir, devisee, etc.-See G.L. c.

190B § 1-201(24)):

3.Venue for this proceeding is proper in this County because the Decedent:

had his or her domicile in this County on the date of death.

did not have his or her domicile in Massachusetts, but had property in this County on the date of death located at:

(Address)

 

(Apt, Unit, No. etc.)

 

(City/Town)

 

(State)

 

(Zip)

MPC 160 (3/19/12)

page

of

4.Decedent's marital and family status:

A.Did the Decedent have a surviving parent?

B.Did a spouse survive the Decedent?

C.Did the Decedent and/or the surviving spouse have surviving children or other descendants?

If the answers to both 4.B and 4.C are Yes, also answer the following questions:

Yes

Yes

Yes

No

No

No

D.Are all of the surviving spouse's surviving children or other descendants also children or other descendants of the Decedent?

Yes

No

E. Are all of the Decedent's surviving children or other descendants also children or other

Yes

descendants of the surviving spouse?

 

5.List Decedent's: (all that are applicable)

A.Spouse and children, whether adopted or not. Also list all deceased children and, if the child predeceased the decedent and has surviving descendants (children, grandchildren, etc.), list all of those surviving descendants;

No

B.If there are no descendants, list the decedent's parents or if none, list the heirs as defined in G.L. c. 190B, §§ 2-101 to 2-114;

C.If there is a Will, list all devisees (persons, whether alive or deceased, and institutions who receive personal or real property by the terms of the Will). If the Will requires a person to survive the decedent in order to take and that person predeceased the decedent, list all contingent beneficiaries (the persons who take if the original beneficiary needs to survive but did not);

D.Identify any heir, surviving spouse or devisee who may be an incompetent person or a minor and provide the name and address of the guardian or conservator, if any, and identify the Court and docket number.

SPOUSE

Name and Address

 

 

 

 

 

 

 

Relationship to Decedent

 

 

 

 

 

Indicate if this person is:

 

 

 

 

 

 

 

 

 

(check all that apply)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Spouse, if living at the time of Decedent's

 

 

 

 

Incompetent (if yes,the name and

 

 

 

 

 

 

death.

 

 

 

 

 

 

 

 

 

 

 

 

 

address of the guardian or

 

 

 

 

 

 

Devisee under the Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

conservator, is listed at #

 

 

)

 

 

 

 

Guardian

 

Conservator

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceased (list date of death):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See docket No:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent

 

 

 

 

 

 

A Minor* (list age):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AND/OR

 

 

 

 

 

 

 

 

 

 

Decedent & Decedent's spouse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent Only

 

 

 

 

Incompetent*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*(if yes, guardian or conservator, if any,

 

 

 

 

 

Descendant of predeceased child

 

 

 

 

 

is listed in this table at #

 

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Other heir (List relationship):

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceased (list date of death):

 

 

 

 

 

 

 

 

 

 

 

 

 

Devisee under the Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardian

 

Conservator

 

 

 

 

 

 

 

 

 

 

Descendants?

 

Yes

 

No

 

 

 

 

 

 

 

of:

 

 

 

 

 

 

 

 

 

 

 

 

if yes, descendants are listed at #

See docket No:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MPC 160 (3/19/12)

page

of

 

Name and Address

 

 

 

 

 

 

 

Relationship to Decedent

 

 

 

 

Indicate if this person is:

 

 

 

 

 

 

 

 

 

 

 

 

(check all that apply)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent

 

 

 

 

 

 

A Minor* (list age):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AND/OR

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent & Decedent's spouse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent Only

 

 

 

 

Incompetent*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*(if yes, guardian or conservator, if any,

 

 

 

 

 

 

Descendant of predeceased child

 

 

 

 

 

 

 

 

 

 

is listed in this table at #

)

 

 

 

 

 

 

 

Other heir (List relationship):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceased (list date of death):

 

 

 

 

 

 

Devisee under the Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardian

 

Conservator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Descendants?

 

 

Yes

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

if yes, descendants are listed at #

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See docket No:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent

 

 

 

 

 

 

A Minor* (list age):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AND/OR

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent & Decedent's spouse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent Only

 

 

 

 

Incompetent*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*(if yes, guardian or conservator, if any,

 

 

 

 

 

 

Descendant of predeceased child

 

 

 

 

 

 

 

 

 

 

is listed in this table at #

)

 

 

 

 

 

 

 

Other heir (List relationship):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceased (list date of death):

 

 

 

 

 

 

Devisee under the Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardian

 

Conservator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Descendants?

 

 

Yes

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

if yes, descendants are listed at #

 

 

See docket No:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent

 

 

 

 

 

 

A Minor* (list age):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AND/OR

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent & Decedent's spouse

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decedent Only

 

 

 

 

Incompetent*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*(if yes, guardian or conservator, if any,

 

 

 

 

 

 

Descendant of predeceased child

 

 

 

 

 

 

 

 

 

 

is listed in this table at #

)

 

 

 

 

 

 

 

Other heir (List relationship):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceased (list date of death):

 

 

 

 

 

 

Devisee under the Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guardian

 

Conservator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Descendants?

 

 

Yes

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

if yes, descendants are listed at #

 

 

See docket No:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.This Petition is filed within the time period permitted by law (G.L. c. 190B, §3-108). Three years or less have passed since the Decedent's death, or the following circumstances authorize tardy proceedings (include statutory reference):

MPC 160 (3/19/12)

page

of

7. No Court has appointed a Personal Representative and no such appointment proceeding is pending in this state or or elsewhere.

OR

A Court has appointed a Personal Representative, whose appointment has not been terminated, or an appointment

proceeding is pending in the State of

 

 

 

 

 

 

 

and the Personal Representative's name and

address is:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Name

 

 

 

 

 

M.I.

 

 

 

 

Last Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Address)

 

 

(Apt, Unit, No. etc.)

 

 

(City/Town)

 

(State)

 

(Zip)

 

8.

Intestate Estate (check this box only if there is no Will)

After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating to property in Massachusetts, or the following is a statement of why such an instrument is not being probated:

OR

Testate Estate (Check this box only if there is a Will)

The date of the Decedent's last Will is

 

.

The dates of all codicils are

Choose one of the following:

The original Will is in the possession of the Court or accompanies this Petition.

The original Will is lost, destroyed or otherwise unavailable and its contents are set forth in the attached statement

which is incorporated herein.

The Will has been probated in the State of

 

. Duly authenticated copies of the

Will and of the statement probating it are filed with this Petition.

9.

The Will and any codicils are referred to as the Will. The Petitioner, to the best of his or her knowledge, believes the Will was validly executed. After the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the Will and believes that the Will is the Decedent's last Will, or the following is a statement of why such an instrument is not being probated:

The Petitioner requests the following qualified person, who is 18 years of age or older, be appointed:

Self:

Other:

 

First Name

 

 

 

 

 

M.I.

 

 

 

Last Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Address)

(Apt, Unit, No. etc.)

 

 

 

(City/Town)

 

 

 

(State)

 

(Zip)

Mailing Address, if different:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Apt, Unit, No. etc.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Address)

 

 

 

 

(City/Town)

 

(State)

 

 

(Zip)

Primary Phone #:

MPC 160 (3/19/12)

page

of

10.

The nominee does not have priority for appointment.

OR

The nominee has priority for appointment:

by statute (G.L. c. 190B, § 3-203).

for the following reasons:

Persons with prior or equal rights to appointment are as follows:

No one.

The following:

First Name

 

M.I.

 

Last Name

Any required renouncements or nominations accompany this Petition.

11.

A bond with sureties with the penal sum amount of $

 

has been or will be filed.

 

 

 

 

OR

12.

A bond without sureties has been or will be filed and is permissible because:

The Will waives sureties on the bond and no interested person has demanded that a bond with sureties be filed.

All devisees (if a Will is filed) or heirs (if no Will is filed) have waived sureties in writing and the waivers are filed

 

with this Petition or are in the possession of the Court.

 

Other (include statutory reference):

.

Copies of this Petition and the death certificate have been sent by certified mail to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205.

13.The Petitioner requests:

Unsupervised administration

There is no Will.

The Will directs unsupervised administration.

The Will directs supervised administration, but circumstances have changed since the execution of the Will and there is no necessity for supervised administration because:

OR

Supervised administration

The Will directs supervised administration.

The Will directs unsupervised administration, but it is necessary for protection of persons interested in the estate because:

No Will directs supervised administration but it is necessary under the circumstances, specifically:

MPC 160 (3/19/12)

page

of

The Petitioner requests that the Court:

Formally admit the Decedent's Will to probate and determine heirs. Formally determine Decedent died without a Will and determine heirs.

Formally determine the heirs of the Decedent.

 

Formally appoint the nominee as Personal Representative in

unsupervised

to serve

without sureties on the bond

 

with sureties on the bond with the penal sum amount of $ and that Letters be issued.

The Petitioner also requests:

A setting aside of prior informal findings as to testacy.

A setting aside of prior informal appointment of Personal Representative. Other:

supervised administration

SIGNED UNDER THE PENALTIES OF PERJURY

I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.

Date:

Signature of Petitioner

Date:

Signature of Co-Petitioner (if applicable)

Information on Attorney for Petitioner

Signature of Attorney

(Print name)

(Address)

 

 

 

(Apt, Unit, No. etc.)

 

 

 

 

 

 

 

 

(City/Town)

 

(State)

 

 

(Zip)

Primary Phone #:

B.B.O. #

Email:

MPC 160 (3/19/12)

page

of
Get Mpc 160 Massachusetts File

Form Breakdown

Fact Detail
Governing law Massachusetts General Laws (G.L.) c. 190B, § 3-402
Purpose To formally probate a will, adjudicate intestacy, appoint a personal representative, among other purposes
Usage Used within the Commonwealth of Massachusetts's Trial Court Probate and Family Court
Filing requirement Must be filed within three years of the decedent's death, barring exceptions for tardy proceedings as allowed by law (G.L. c. 190B, §3-108)
Additional provisions Allows for the designation of unsupervised or supervised administration based on the contents of the will or under the circumstances described

How to Write Mpc 160 Massachusetts

Filling out the MPC 160 Massachusetts form, officially known as the Petition for Formal Probate of a Will, Adjudication of Intestacy, and Appointment of a Personal Representative, is a step crucial for managing a decedent's estate through the probate court. This legal document initiates formal proceedings, whether there's a will in place or not, and whether the appointment of a personal representative is needed. Understanding and correctly completing this form is essential for a smooth process in the probate court. Here are the clear steps to accurately fill out the MPC 160 form.

  1. Start with the Docket No. if known, and the Division information at the top of the form. Leave the Docket No. blank if this is your initial filing.
  2. Under the Estate of section, provide the full name (First Name Middle Name Last Name) and the Date of Death of the decedent.
  3. In the Information about the Decedent section, fill in the decedent's name again, including any aliases, and their last known address. Specify the date of death, age at the time of death, and the city/town and state of domicile.
  4. Indicate whether a death certificate is in the court's possession, accompanies the petition, or specify why a death certificate is not available.
  5. For the Information about the Petitioner(s) section, provide your name, address, and mailing address if different. Include your primary phone number and detail your relationship to the decedent.
  6. Explain why the venue for the proceeding is correct based on the decedent's domicile or property location.
  7. Fill out the decedent's marital and family status, answering questions about surviving parents, spouse, and descendants.
  8. List the decedent's known spouse, children (living or deceased), other descendants, or heirs, including their names, addresses, and their relationship to the decedent. Specify if any are minors or incompetent, providing guardian or conservator details.
  9. Confirm the petition is filed within the permissible time after the decedent’s death, or provide reasons and statutory references for tardy proceedings.
  10. State whether a Personal Representative has been appointed previously or if such proceedings are pending, providing details if applicable.
  11. Check the appropriate box to indicate the presence or absence of a will and provide the necessary details regarding the will or the reasons for its absence.
  12. Name the person you are requesting to be appointed as Personal Representative, including their contact information, and state whether the nominee has priority for appointment, including reasons and references for any claims to priority.
  13. Detail the type of bond filed, whether with or without sureties, and provide reasons if no sureties are included.
  14. Ensure to send copies of this Petition and the death certificate to the Division of Medical Assistance, Estate Recovery Unit, if required.
  15. Lastly, specify your request for either unsupervised or supervised administration, clarifying your choice based on the directives of the will or the needs of the estate.

Once you've completed these steps, review the form to ensure accuracy and completeness before submission to the Probate and Family Court. Accurately filling out and submitting this form is vital for the timely and efficient handling of the estate through Massachusetts' legal system.

Discover More on Mpc 160 Massachusetts

What is the MPC 160 form used for in Massachusetts?

The MPC 160 form, formally known as the "Petition for Formal Probate of a Will and/or Appointment of a Personal Representative," is a legal document used in the Commonwealth of Massachusetts. It's filed in the Probate and Family Court when someone needs to formally prove the validity of a deceased person's will, establish the legal process for distributing the deceased person's assets (known as intestacy if there is no will), or appoint a personal representative (also known as an executor) to manage the deceased's estate.

Who can file an MPC 160 form?

Interested persons such as a beneficiary named in the will, a surviving spouse, heir, devisee (someone named in the will to inherit), or a personal representative named in the will are eligible to file the MPC 160 form. In cases where an estate might not have a will, close relatives or other interested parties may also have the standing to file this form.

What does it mean to be an “interested person”?

In the context of estate administration, an "interested person" refers to anyone who has a stake in the outcome of the estate’s proceedings. This includes heirs, spouses, creditors, beneficiaries named in a will, and others who might either inherit from or have claims against the estate.

What information is required on the MPC 160 form?

This form asks for detailed information about the deceased (decedent), including their name, date of death, address, and whether a death certificate is available. It also requires information about the petitioner, the legal basis for the proceeding (e.g., existence of a will or intestacy), details on the decedent's spouse and children, if applicable, and a listing of heirs or others entitled to inherit. Additionally, the form asks whether the petitioner seeks unsupervised or supervised administration of the estate.

What does it mean to request supervised or unsupervised administration?

When submitting an MPC 160, the petitioner can request either supervised or unsupervised administration of the estate. Supervised administration involves the court closely overseeing the process, including the approval of various steps taken by the personal representative. Unsupervised administration allows the personal representative to manage the estate without the court's direct oversight, although certain legal requirements must still be met.

Is a death certificate necessary to file the MPC 160 form?

Yes, a death certificate is typically required to file the MPC 160 form as it officially proves the death of the deceased. The form provides options to indicate whether a death certificate is available, and if not, it asks for an explanation of why it cannot be provided.

Can you amend the MPC 160 form after filing?

Yes, if there are mistakes or if additional information becomes available after the initial filing, the petitioner can amend the MPC 160 form. This process might require filing another form or providing a written statement to the court, depending on the nature of the changes.

Where do you file the MPC 160 form in Massachusetts?

The MPC 160 form is filed in the Probate and Family Court in the county where the deceased was domiciled at the time of death or, if the deceased was not a Massachusetts resident, in any county where the deceased’s property is located.

Common mistakes

Filling out the MPC 160 form in Massachusetts, which pertains to the formal probate of a will, adjudication of intestacy, and appointment of a personal representative among others, requires careful attention to detail. Mistakes can lead to delays or complications in the probate process. Here are common mistakes to avoid:

  1. Not providing a copy of the death certificate or not explaining why it is absent. The form specifically asks whether a death certificate issued by a public officer is in possession of the court or accompanies the petition. Failure to include this or clarify the reasons for its absence can stall the process.

  2. Omitting details about the decedent's domicile. Properly establishing the decedent's domicile at the time of death is crucial as it affects the proper venue for the proceeding.

  3. Incorrectly listing the heirs and devisees. This section requires the petitioner to list all applicable parties, including surviving parents, spouses, children (adopted or biological), and other heirs as defined by law. Overlooking or inaccurately reporting this information can affect the distribution of the estate.

  4. Failing to identify heirs or devisees who are minors or incompetent persons and not providing guardian or conservator information. This oversight can lead to issues in protecting the rights and interests of these individuals during the probate process.

  5. Not correctly indicating whether the filing is within the legally permissible time frame or not providing statutory references for tardy proceedings. Timeliness is key in probate filings, and failure to adhere to deadlines or provide explanations for delays can result in the rejection of the petition.

  6. Misunderstanding the requirements for the will and any codicils, such as not stating if the original will is present or explaining the situation if it is lost or unavailable. The accurate representation of the will’s status is essential for the proceeding to move forward.

Each of these mistakes can be easily avoided by reading the instructions carefully and ensuring that all information is complete and accurate before submission. Doing so will help streamline the probate process and avoid unnecessary delays.

Documents used along the form

When preparing and filing the Massachusetts MPC 160 form, titled “Petition for Formal Probate of a Will, Adjudication of Intestacy and Appointment of a Personal Representative,” there are several other forms and documents that may need to be prepared or collected to ensure a smooth process. These documents often vary based on the complexity of the estate, whether there is a will, the types of assets involved, and the specific circumstances of the decedent and their family. It is important to gather these documents in advance to facilitate the probate process.

  • Death Certificate: This is a vital record that proves the death of the decedent. It is necessary for legal and financial purposes following a death.
  • Will and Codicils: The original last will of the decedent, along with any amendments or additions (codicils), if applicable. These documents outline the decedent’s wishes regarding the distribution of their estate.
  • Assent and Waiver of Notice: This form may be needed from heirs or beneficiaries to speed up the probate process by indicating their agreement with the probate petition and waiving their right to a formal notice.
  • Bond Form: A bond may be required to protect the assets of the estate from possible mishandling by the personal representative. The need for a bond, and the amount, can vary.
  • Inventory of Assets: A comprehensive list of the deceased’s assets at the time of death, including real estate, personal property, bank accounts, stocks, and other financial assets.
  • Affidavit of Domicile: This document certifies the state and county in which the decedent resided at the time of death, which is necessary for transferring securities and certain assets.
  • Appointment of Agent to Accept Service of Process: This form appoints someone to accept legal papers on behalf of the estate. It is especially useful if the personal representative is out of state.
  • Heirship Affidavit: In the absence of a will, this document might be required to establish the legal heirs of the estate under state law.

Each of these forms and documents plays a critical role in the probate process, supporting the information provided in the MPC 160 form, and ensuring that the estate is managed and distributed according to the decedent’s wishes and state law. It’s advisable to consult with a legal professional to determine the exact requirements for a particular estate, as probate laws can vary by state, and sometimes even by county within a state.

Similar forms

The MPC 160 Massachusetts form is similar to other legal forms used in the state's probate and family court system, specifically those involved in the administration of estates and the appointment of personal representatives. Each form in this category shares a common goal: to ensure the lawful and orderly transfer of the decedent's property, adherence to their last wishes if documented, and the appointment of a responsible person to oversee this process.

One such document is the Petition for Appointment of a Personal Representative when there is no will (commonly known as "intestate"). Both the MPC 160 form and this petition require information about the decedent, such as their name, date of death, and domicile. Both forms also necessitate details about the petitioner, including their relationship to the decedent and their contact information. The key similarity lies in their objective to appoint an individual who will manage the decedent's estate according to Massachusetts law.

Another related document is the Application for Informal Probate of Will and Appointment of Personal Representative. This application, akin to the MPC 160 form, is utilized when a decedent leaves a will that needs to be validated and executed. Both documents ask for an exhaustive list of the decedent’s heirs and devisees, and both emphasize the importance of establishing the validity of the will, if present. They diverge slightly in the procedural context they are used in, with the MPC 160 form being suited for formal probate proceedings, which are typically more complex and may require a hearing, while the application for informal probate is used in simpler cases where less oversight by the court is necessary.

The Statement of Voluntary Administration is a form used under Massachusetts law for small estates that may not require full probate proceedings. While it serves a different purpose from the MPC 160 form, it shares similarities in streamlining the process of estate resolution. Both provide a mechanism for handling the decedent's property according to state law, but the Statement of Voluntary Administration is specifically designed for situations where the estate's value is below a certain threshold, and thereby allows for a simpler, expedited process.

Dos and Don'ts

Filling out the MPC 160 form in Massachusetts for matters of probate, including the appointment of a personal representative, formal probate of a will, or adjudication of intestacy, requires careful attention to detail. Here are essential dos and don’ts to consider:

  • Do thoroughly review the entire form before you begin to fill it out. Understanding the full scope of the information requested will help ensure you provide complete and accurate responses.
  • Do have all necessary documents on hand, such as the original will (if applicable), death certificate, and any other legal documents that pertain to the estate or the decedent.
  • Do provide precise and truthful information regarding the decedent, including their full legal name, date of death, domicile at the time of death, and any other names they might have been known by.
  • Do make use of the sections that allow for explanation if you are unable to provide a death certificate or if there are other unique circumstances that affect the estate or the petition.
  • Do double-check that you've listed all possible heirs, devisees, and other interested parties, accurately reflecting their relationship to the decedent and their current legal status (minor, incompetent, etc.), if applicable.
  • Don’t leave out information about a potential heir or interested party because you think they may not want to be involved or because they are difficult to contact. It's imperative to the process that all interested parties are accounted for and notified.
  • Don’t attempt to file the petition without a clear understanding of whether the estate is testate (with a will) or intestate (without a will), and ensure that you’ve appropriately marked the correct box on the form.
  • Don’t ignore the timelines provided by law for filing certain petitions and documents. Ensure your petition is filed within the timeframe permitted by Massachusetts law to avoid unnecessary delays or legal complications.
  • Don’t forget to send copies of the petition and the death certificate to the Division of Medical Assistance, Estate Recovery Unit, if required. This is a crucial step to ensure compliance with state laws and regulations.
  • Don’t neglect to consult with a legal professional if you encounter questions or if the situation involves complex legal or financial issues. It’s often in your best interest to seek professional advice to navigate probate matters properly.

Misconceptions

Understanding legal forms can sometimes be challenging due to the complex nature of the law and the specific procedures that must be followed. The MPC 160 form in Massachusetts, being a crucial document in the probate process, is no exception. There are several misconceptions surrounding it that need clarification:

  • Misconception 1: The MPC 160 form is only for those who have a will.

    • This is incorrect. While the form is used to petition for the formal probate of a will, it's also utilized for adjudicating intestacy (when a person dies without leaving a will) and for appointing a personal representative to manage the decedent's estate.

  • Misconception 2: Filing the form starts the probate process immediately.

    • Filing the MPC 160 form is a significant step in beginning the probate process, but it does not mean that the process starts immediately. The court must first accept the filing, and then there may be additional requirements, such as notifying heirs and publishing notices, before the process officially begins.

  • Misconception 3: Once submitted, no further documentation is necessary.

    • Submitting the MPC 160 form is often just the first of several steps. The petitioner may need to provide additional documents, like the death certificate, or information requested by the court throughout the probate process.

  • Misconception 4: Any individual can file the form on behalf of the decedent’s estate.

    • While it might seem that anyone interested can file the MPC 160 form, Massachusetts law requires the petitioner to have a vested interest in the estate, such as being a named executor in the will, a surviving spouse, a devisee, or an heir.

  • Misconception 5: The form allows for the immediate transfer of property.

    • Filling out and filing the MPC 160 form does not result in the immediate transfer of the decedent’s assets. The probate process involves several steps, including the payment of debts and taxes, before assets can be distributed to heirs or devisees.

  • Misconception 6: Personal representatives appointed through the MPC 160 form have no restrictions.

    • The court can impose limitations on a personal representative's authority. The type of administration—unsupervised or supervised—is determined through the probate process, and it dictates the level of oversight and restriction on the personal representative’s actions.

  • Misconception 7: The filing of this form negates the need for a lawyer.

    • Navigating the probate process can be complex, and while individuals can file the MPC 160 form without legal assistance, obtaining guidance from a lawyer experienced in probate law ensures that the process is handled correctly and efficiently. It might also help in avoiding common mistakes that can delay or complicate the administration of the estate.

Correcting these misconceptions is crucial for anyone involved in the probate process in Massachusetts. It ensures that petitioners understand their responsibilities, the extent of their authority, and the steps needed to manage the decedent's estate properly.

Key takeaways

When filling out the MPC 160 form in Massachusetts, which concerns the formal probate of a will, the adjudication of intestacy, or the appointment of a personal representative, there are several key points to keep in mind:

  • The form should be completed by the petitioner, who is an interested party in the estate of the deceased, also referred to as the decedent.
  • Details about the decedent, including their name, also known as any aliases, address, date of death, and domicile location, are required at the beginning of the form.
  • It is mandatory to state whether a death certificate is in the possession of the Court or is accompanying the petition; if not, the petitioner must explain why it cannot be provided.
  • The petitioner must also provide their information, including their name, address, phone number, and mailing address if it is different, as well as their interest in the estate.
  • Assertions regarding the venue for the proceeding being proper in the county of filing, based on the decedent's domicile or location of property, are necessary.
  • Information on the decedent's marital and family status, including details about surviving parents, spouse, children, or other descendants, must be carefully listed.
  • If there is a will, the petitioner needs to check the appropriate box pertaining to the estate being testate or intestate and provide details of the will, including the date and any codicils.
  • The petitioner is required to include information about any nominee for personal representative, indicating whether they have priority for appointment and if any required renouncements or nominations accompany the petition.
  • Details regarding the filing of a bond, with or without sureties, should be included, specifying the conditions under which each is applicable based on the will’s directives or waivers from interested persons.
  • The petitioner must send copies of the petition and the death certificate to the Division of Medical Assistance, Estate Recovery Unit, by certified mail.
  • The choice between supervised and unsupervised administration of the estate needs to be clearly indicated, aligning with the directives of the will or the necessity for protection of interested persons.

Understanding these elements is crucial for accurately completing the MPC 160 form and ensuring that the formal probate process progresses smoothly in the Commonwealth of Massachusetts.

Please rate Fill Your Mpc 160 Massachusetts Form Form
4.72
Superior
225 Votes

Browse Other PDFs

Contempt of Court Massachusetts - Addresses issues of non-compliance in a structured legal manner, providing a clear process for those affected to seek resolution.

Massachusetts Dsb Application - Filling out this form accurately and comprehensively can significantly impact the firm’s chances of selection for state projects.