How Do I File for Probate in Massachusetts?

Massachusetts publishes its probate petitions (MPC 150 informal; MPC 160 formal) as Adobe dynamic XFA forms — an in-browser e-form on the Trial Court form server, plus a download that only opens in Adobe Acrobat Reader and carries no fillable form fields. This tool cannot complete that format, so the petition has to be filled out on the court's own e-form.

Opening an estate in Massachusetts

Massachusetts publishes petition PDFs we cannot fill. The blocker is XFA, not absence — an earlier note here wrongly said no downloadable PDF existed. mass.gov serves a downloadable "Alternative" version of both MPC 150 (informal) and MPC 160 (formal), alongside the primary in-browser e-form on the Trial Court form server (courtforms.jud.state.ma.us). Byte inspection of those downloads (most recently 2026-08-24, including qpdf --qdf --object-streams=disable normalization) shows each is an Adobe DYNAMIC XFA form: /NeedsRendering true, an <xdp:xdp> template carrying <dynamicRender>, and an AcroForm dictionary with an EMPTY field array (qpdf --json-key=acroform → "fields": []). The page content exists only as XFA XML rendered by Adobe Reader; pdftotext returns Adobe's "Please wait... If this message is not eventually replaced by the proper contents of the document" sacrificial page. Our filler writes AcroForm field values, so there is literally no field to write to — the same pure-dynamic-XFA wall that blocks the Massachusetts small-estate affidavit (MPC 170, which byte-inspects identically). The surrounding process is otherwise pro-se friendly (uniform statewide MPC forms, an informal Magistrate track with no hearing, pro se eFiling, sureties usually excused under § 3-603), which is exactly why the off-ramp must name the real reason rather than imply Massachusetts lacks a form. Letters of Authority (MPC 751) are an issued output, not a fill-in form.

A simpler path may apply

Massachusetts offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. This is often the honest self-service path where full administration is not.

Frequently asked questions

Yes. Massachusetts permits a self-represented person to open an estate and apply for Letters. What we do not do is produce the document for you here: massachusetts publishes its probate petitions (MPC 150 informal; MPC 160 formal) as Adobe dynamic XFA forms — an in-browser e-form on the Trial Court form server, plus a download that only opens in Adobe Acrobat Reader and carries no fillable form fields. This tool cannot complete that format, so the petition has to be filled out on the court's own e-form.

Massachusetts offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. MUPC abolished the "executor"/"administrator" labels: a single "Personal Representative" is appointed and issued one "Letters of Authority for Personal Representative" (MPC 751) whether or not there is a will, so the testate and intestate Letters names are identical. Administration is commenced by the issuance of letters (§ 3-103). Bond in MA has two limbs: a bond is ALWAYS filed to qualify (§ 3-601, "Prior to receiving letters, a personal representative shall accept appointment and qualify by filing a bond with the appointing court"), while SURETIES on that bond "shall be required ... unless" one of four conditions in § 3-603(a) applies — the will waives surety, all heirs/devisees file a written waiver, the PR is a qualified bank or trust company, or the court finds sureties are not in the estate's best interests. In practice a waiver (MPC 455) is the usual route, but the statutory default is that sureties ARE required. A proceeding generally may not be commenced more than 3 years after death (§ 3-108), subject to five enumerated exceptions. There is also a MINIMUM wait on the informal track: § 3-307(a) lets the court or a magistrate appoint the petitioner only "if at least 7 days have elapsed since the decedent's death", and directs a delay "until 30 days have elapsed since death" where the decedent was a non-resident (unless the domiciliary PR is the petitioner or the will directs Massachusetts law). Voluntary administration (§ 3-1201, personal property not exceeding $25,000 plus one motor vehicle, 30+ days after death) appoints a Voluntary Personal Representative by registry statement (MPC 170) and issues no Letters of Authority.

Probate and Family Court Department handles decedents' estates in Massachusetts. The Register of the Probate and Family Court issues Letters of Authority for Personal Representative after the court grants the petition.

In Massachusetts the court issues Letters of Authority for Personal Representative to the personal representative — the executor when there is a will, or the administrator when there is none. They give that person authority to act for the estate.

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