Publication Notice for Probate in Massachusetts: Requirements and Steps

After your informal probate petition is accepted and the magistrate issues Letters of Authority, you're not done with notices. Massachusetts requires you to publish a notice in a local newspaper alerting the public — particularly unknown creditors — that the estate has been opened. Skip this step and you risk procedural problems when the estate is later closed or a formal proceeding is needed. Here's exactly how it works.

What the Publication Notice Does

The publication notice serves two purposes under the MUPC:

1. It alerts unknown creditors that the estate is open and gives them an opportunity to come forward before the one-year deadline expires.

2. It provides public notice that a personal representative has been appointed, giving anyone with a potential interest in the estate — a forgotten heir, an unknown beneficiary, a business partner — the chance to come forward.

This is separate from the direct notice you sent to known heirs and the DMA before filing. The publication notice catches everyone else.

When to Publish

After the court accepts the informal petition, you must publish MPC 551 within 30 days in the court-designated newspaper circulating in the municipality of the decedent's last domicile. Do not substitute a paper merely because it circulates elsewhere in the county; confirm the current designated newspaper with the court.

Which Newspapers Qualify

The notice must appear in the court-designated newspaper circulating in the municipality of the decedent's last domicile. The court registry maintains the current list.

Examples of papers commonly used by county (confirm the current court designation):

• Suffolk County: Boston Herald, Boston Globe, Bay State Banner
• Middlesex County: Lowell Sun, local weeklies in Cambridge/Somerville/Framingham
• Norfolk County: Patriot Ledger, local Dedham/Quincy papers
• Worcester County: Worcester Telegram & Gazette
• Essex County: Salem News, Eagle-Tribune

Smaller community newspapers and legal publications often charge significantly less than major dailies. Ask the court clerk which papers they commonly see used — the cheapest qualifying option is usually a weekly.

How to Place the Notice

1. Get the notice text from the court. After your informal probate is granted, use the official MPC 551 notice language. Do not draft your own.

2. Contact the newspaper's legal notices department. Call or email with the notice text and ask for a quote. Most papers have a dedicated legal advertising desk.

3. Confirm publication requirements. Massachusetts generally requires one publication. Confirm with the court whether one insertion is sufficient or if multiple runs are required in your specific case.

4. Pay the publication fee. Costs range from $75 for small weeklies to $300+ for metro dailies.

5. Obtain the Affidavit of Publication. After the notice runs, the newspaper provides a sworn affidavit confirming the publication date and the exact text. This is a legal document — keep the original.

6. Keep proof of publication. Retain the newspaper's affidavit or tear sheet. In an informal proceeding, proof of publication does not need to be filed immediately, but it is required if you later file a formal proceeding such as a petition to sell real estate or settle an account.

Publication Costs

The estate pays these costs as an administrative expense. They're deductible on the estate's fiduciary income tax return.

What Happens If You Don't Publish

Failing to publish creates serious problems:

• You may be unable to prove compliance if you later file a formal proceeding, such as a petition to sell real estate or settle an account
• The omission can create a procedural issue when you seek to close or otherwise complete the estate

Publication is cheap insurance against future complications. At $75–$150 for a community paper, it's one of the smallest costs in the entire probate process.

The Seven-Day Notice Rule for Informal Probate (Separate Requirement)

Don't confuse publication with the seven-day notice requirement. For informal probate, before you file the petition, you must send written notice to all known interested parties at least seven days before the filing date. This is direct notice — by mail or hand delivery — to all interested parties, including each heir and devisee and anyone with equal or higher priority for appointment; the DMA notice is separately required for informal and formal probate.

The seven-day notice happens before filing. The publication notice happens after the court grants your petition. Both are mandatory. Missing either one creates vulnerabilities.

The Massachusetts Probate Process Guide includes a complete notice checklist and timeline showing exactly when each type of notice is due — pre-filing, post-appointment, and at closing.

See more Massachusetts guides →