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.

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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. 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; 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.

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 to self-represented filers. 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.

More tools for settling this estate

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Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.

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Letter of Instruction

Prepare the letter of instruction a bank or insurer requests during estate settlement.

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Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

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Do I Need Probate?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.

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Hire a Massachusetts Probate Attorney

Browse 91 probate firms in Massachusetts with addresses, contact info, and practice details.

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Massachusetts Estate Planning Resources

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