Massachusetts Probate Court Forms: Which Path, Which Forms, and What It Costs

Walking into a Massachusetts Probate and Family Court without knowing which pathway your estate qualifies for is one of the most common and expensive mistakes surviving families make. The clerk can tell you how to file a form — but they cannot tell you whether you're filing the right form for the right process. Getting this wrong means filing fees paid, weeks lost, and sometimes a rejected petition that pushes you onto a longer track.

Massachusetts operates under the Massachusetts Uniform Probate Code (MUPC), which created four distinct pathways. Your choice depends on the estate's total value, whether there is real estate, and whether any disputes are expected.

The Four Probate Pathways

Voluntary Administration (MPC 170) — Estates Under $25,000

The simplest pathway. Available when the estate consists entirely of personal property (no real estate) valued at $25,000 or less, excluding one motor vehicle. You cannot file until 30 days after the date of death.

Forms required:

• MPC 170 (Voluntary Administration Statement)
• Certified death certificate
• Original will (if one exists)

Filing fee: Approximately $115 (varies slightly by county).

This process does not involve a judge. A magistrate processes the paperwork administratively. Once approved, the voluntary administrator receives authority to collect personal property, transfer vehicle titles, and pay valid debts — all without formal probate. If the estate has even one parcel of real estate, voluntary administration is not available regardless of the property's value.

Informal Probate (MPC 150) — No Disputes, Original Will Available

The most common pathway for modest to mid-sized estates. Available when the original will is in hand, there are no anticipated disputes, and all heirs are adults. You can file as early as 7 days after the date of death.

Forms required:

• MPC 150 (Petition for Informal Probate)
• MPC 162 (Surviving Spouse, Children, Heirs at Law)
• Original will
• Certified death certificate
• MPC 801 (Fiduciary Bond) — required if the decedent died intestate (without a will) and the will does not waive bond

Filing fee: $390 ($375 petition fee + $15 surcharge).

A magistrate — not a judge — processes informal probates. There are no court hearings. The Personal Representative receives Letters of Authority, which unlock bank accounts, allow real estate transfers, and authorize the filing of the estate tax return. This is the preferred pathway for most Massachusetts estates.

Formal Probate (MPC 160) — Disputes, Lost Will, or Complications

Required when the original will is lost or damaged, heirs include minors or incapacitated individuals, or any party objects to the proposed Personal Representative. Formal probate involves actual court hearings before a judge. There is no mandatory waiting period — you can file immediately, but expect the court schedule to add weeks or months.

Forms required:

• MPC 160 (Petition for Formal Probate)
• MPC 162 (Heirs at Law)
• MPC 560 (Citation — issued by the court, not filed by the petitioner)
• Certified death certificate
• Any available will documents

Filing fee: $405 ($375 petition + $15 surcharge + $15 citation fee).

Formal probate is significantly slower and more expensive when attorney involvement is factored in. Avoid it when voluntary administration or informal probate is available.

Late and Limited Probate (MPC 161) — When Three Years Have Passed

If no probate proceedings were initiated within three years of the death, formal or informal probate is permanently barred. Survivors must use Late and Limited Formal Probate.

Filing fee: $390 (same as informal probate).

The key limitation: the Personal Representative appointed under late and limited probate cannot manage claims against the estate. The upside is that all unperfected creditor claims — including most unsecured debts — are permanently barred at this point under MUPC G.L. c. 190B, § 3-803. Late and limited probate is primarily used to confirm the transfer of real estate title to rightful successors, not to administer a complex estate.

Key Inventory and Accounting Forms

Once probate is open, two additional forms become important depending on how you administer the estate.

MPC 854 — Probate Inventory. The Personal Representative must file an inventory of all estate assets within three months of appointment. The Massachusetts probate inventory form MPC 854 lists every asset with its date-of-death fair market value — real estate, bank accounts, investment accounts, vehicles, personal property, and any business interests. This form goes to the court and to all interested persons (heirs, devisees, and known creditors).

MPC 857 — Probate Accounting. If the estate is administered under court supervision, or if any interested person demands it, the Personal Representative files a formal accounting on MPC 857. This document tracks all receipts, disbursements, and distributions from the estate. In unsupervised informal probate, formal court accounting is not required — the Personal Representative provides an informal accounting directly to heirs instead.

Letters of Authority: What They Are and Why They Matter

Letters of Authority are the document that actually gives the Personal Representative power to act. Banks, brokerages, the RMV, and the Registry of Deeds all require an original or certified copy of Letters of Authority before releasing assets or processing transfers.

You receive Letters of Authority after the court approves your petition. In informal probate, this typically happens within a few business days of filing. In formal probate, you wait for the judge's order after a hearing.

Letters of Authority are time-limited in practice — many institutions require them to have been issued within 60 to 90 days. If the estate administration runs long, you may need to obtain updated letters. Request several certified copies when the court issues them; each copy costs a few dollars and you will likely need four to six for a typical estate.

Massachusetts Probate Fees Beyond the Filing Fee

Filing fees are the entry cost. Actual probate expenses scale with the estate.

Accounting fees: If the Personal Representative files a formal accounting with the Probate Court (Form MPC 857), the court charges variable fees based on the gross estate value in Schedule A:

Unsupervised informal probate administrations do not require a formal court accounting — the Personal Representative provides the inventory (MPC 854) directly to heirs.

Registry of Deeds fees: Clearing the automatic Massachusetts estate tax lien on real property costs approximately $105 to record the Affidavit of No Estate Tax Due (for non-taxable estates). Deed transfers at closing typically run $155.

The One-Year Creditor Deadline: A Strategic Window

Once informal probate is open, unsecured creditors have exactly one year from the date of death — not from the date probate opens — to file a formal claim (G.L. c. 190B, § 3-803). A bill in the mail is not sufficient. The creditor must serve the Personal Representative by delivery in hand or file formal notice with the Register of Probate before the one-year anniversary.

This creates a deliberate strategy for executors: delay final asset distributions until the 365-day mark has passed. After that date, all unperfected unsecured claims are permanently barred. Distributing assets early, before this window closes, exposes the Personal Representative to personal liability.

Choosing the right probate pathway, sequencing the filings correctly, and timing the final distributions around the creditor deadline are exactly the kinds of decisions where a misstep costs real money. The Massachusetts Survivor Benefits Navigator provides a phase-by-phase workflow — from day one through month 36 — that connects the probate court forms to the Registry of Deeds filings, the estate tax deadlines, and the benefit claim windows that run concurrently.

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