Is there a way to avoid probate appointment in Massachusetts?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Massachusetts?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Massachusetts

Personal Representative

Where you file

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

The form that opens the estate

MPC 160Petition for Formal Probate of Will and/or Appointment of Personal Representative · Online court portal · View source

What the court issues (with a will)

Letters of Authority for Personal Representativeissued by The Register of the Probate and Family Court (registry), after a Magistrate appoints informally or a judge appoints formally and bond is approved

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

At a glance

UPC adoptedInformal trackE-filingSelf-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
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)
Bond (MPC 801 / MPC 802) filed before Letters issue (ch. 190B, § 3-601)
Assent / Waiver of Notice / Renunciation / Nomination / Waiver of Sureties (MPC 455) where applicable
Devisee/Heir notice or Citation, and Military Affidavit (MPC 470) in formal proceedings

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 four exceptions. 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.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Massachusetts uses Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160), filed with the Probate and Family Court Department (division of the county of the decedent's domicile). After the court grants the petition, The Register of the Probate and Family Court (registry), after a Magistrate appoints informally or a judge appoints formally and bond is approved issues your Letters of Authority for Personal Representative (with a will) or Letters of Authority for Personal Representative (without a will).

Along with the petition, Massachusetts generally requires: Certified copy of the death certificate; 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); Bond (MPC 801 / MPC 802) filed before Letters issue (ch. 190B, § 3-601); Assent / Waiver of Notice / Renunciation / Nomination / Waiver of Sureties (MPC 455) where applicable; Devisee/Heir notice or Citation, and Military Affidavit (MPC 470) in formal proceedings.

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

Massachusetts permits self-represented filers to open an estate, using Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160). E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Massachusetts.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Massachusetts — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 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 (registry), after a Magistrate appoints informally or a judge appoints formally and bond is approved, on appointment by the Probate and Family Court Department (division of the county of the decedent's domicile). The document is Letters of Authority for Personal Representative with a will and Letters of Authority for Personal Representative without. UPC adoption in Massachusetts: Yes.

The estate is opened by filing Petition for Formal Probate of Will and/or Appointment of Personal Representative (MPC 160) with the court, which carries a filing fee of $390. Whether an informal (registrar) appointment track is available for qualifying estates: Yes.

A bond is required by default before Letters issue in Massachusetts, 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 July 14, 2026

Legal Sources

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

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Massachusetts Estate Planning Resources

In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in Massachusetts?

Getting Appointed in MassachusettsMass. Gen. Laws ch. 190B (MUPC), §§ 3-103, 3-301, 3-307, 3-401-3-414 (formal), 3-601-3-603 (qualification & bond)Verified Jul 15, 2026View source

At a glance

BondMass. Gen. Laws ch. 190B, §§ 3-601, 3-603Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

Massachusetts Estate Planning Resources

Getting Appointed in MassachusettsMass. Gen. Laws ch. 190B (MUPC), §§ 3-103, 3-301, 3-307, 3-401-3-414 (formal), 3-601-3-603 (qualification & bond)Verified Jul 15, 2026View source

At a glance

BondMass. Gen. Laws ch. 190B, §§ 3-601, 3-603Verified Jul 15, 2026View source

Other official forms

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in Massachusetts

Bond

Getting Appointed in Massachusetts

Bond