How Do I Get Appointed as Executor in Massachusetts?

In Massachusetts, the Probate and Family Court Department appoints the personal representative and the The Register of the Probate and Family Court issues Letters of Authority for Personal Representative; an informal (registrar) track is available.

State

Document Type

Getting appointed in Massachusetts

Personal Representative

The form that opens the estate

MPC 160

Petition for Formal Probate of Will and/or Appointment of Personal Representative · Online court portal · View source

Where you file

Probate and Family Court Department (division of the county of the decedent's domicile)

What the court issues (with a will)

Letters of Authority for Personal Representative

issued by The Register of the Probate and Family Court

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

When probating an original will, a copy may be eFiled but the original will must be mailed or delivered to the court within 5 calendar days of eFiling; if the court does not have the original within that window, Letters of Authority do not issue and the filing may be denied. A one-time $22.00 eFiling fee applies to new cases.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: Yes

Other official forms

Informal application: MPC 150View source
Letters form: MPC 751View source

What to file with the petition

Certified copy of the death certificate — the petitioner must redact the first five digits of the decedent's Social Security number before filing; if the cause of death reads "pending," a Cause of Death Affidavit (MPC 475) must be filed with it
Original will and any codicils (must reach the court within 5 days of eFiling, or be filed with a paper petition)
Surviving Spouse, Children, Heirs at Law form (MPC 162)
Devisees (MPC 163) — testate track only
Notice of Informal Probate & Return of Service (MPC 550) on the informal track; Citation - Return of Service (MPC 560) on the formal track
Proposed Order of Informal Probate of Will and/or Appointment of Personal Representative (MPC 750) on the informal track; proposed Decree and Order on Petition for Formal Adjudication (MPC 755) on the formal track
Bond (MPC 801) filed before Letters issue (ch. 190B, § 3-601) — checklists: "Required (only if seeking the appointment of a PR)"
Assent / Waiver of Notice / Renunciation / Nomination / Waiver of Sureties (MPC 455) where applicable
Military Affidavit (MPC 470) unless the petition is assented to by all interested persons

Small-estate alternative

Bypasses full Letters: Yes
Form: MPC 170View source
Form name: Voluntary Administration Statement

State-specific notes

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.

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

Massachusetts uses Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160), filed with the Probate and Family Court Department. The Register of the Probate and Family Court issues Letters of Authority for Personal Representative after the court grants the petition.

Along with the petition, Massachusetts generally requires: Certified copy of the death certificate — the petitioner must redact the first five digits of the decedent's Social Security number before filing; if the cause of death reads "pending," a Cause of Death Affidavit (MPC 475) must be filed with it; Original will and any codicils (must reach the court within 5 days of eFiling, or be filed with a paper petition); Surviving Spouse, Children, Heirs at Law form (MPC 162); Devisees (MPC 163) — testate track only; Notice of Informal Probate & Return of Service (MPC 550) on the informal track; Citation - Return of Service (MPC 560) on the formal track. The court's own checklist runs longer for particular cases.

Yes. Massachusetts requires a bond by default before Letters issue. A will can waive it. The beneficiaries can also waive it in writing.

Massachusetts permits a self-represented person to open an estate, using Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160). E-filing is open to self-represented filers. The Massachusetts self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Massachusetts: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Getting Appointed in Massachusetts

Authority to act for the estate comes from Letters issued in Massachusetts by The Register of the Probate and Family Court, on appointment by the Probate and Family Court Department. The document is Letters of Authority for Personal Representative. Massachusetts has adopted the Uniform Probate Code.

The estate is opened by filing Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160) with the court. The filing fee is $390. Massachusetts offers an informal (registrar) appointment track for qualifying estates.

Massachusetts requires a bond by default before Letters issue, though a will can waive it and the beneficiaries can waive it in writing.

For smaller estates, Massachusetts offers a small-estate procedure for estates under $25,000 that can transfer assets without a full appointment or Letters (MPC 170). The Massachusetts self-file probate assessment compares self-filing and attorney costs.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Massachusetts statutes and official state code. How we research.

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