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 having the entire probate challenged later. 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 file claims 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

The court issues a Citation or Notice with your order of informal probate. You must publish the notice promptly — typically within a few weeks of receiving your Letters of Authority. The exact timeframe depends on the court's order, but don't sit on it. Delays in publication can delay the creditor claim period and complicate your timeline.

Which Newspapers Qualify

The notice must appear in a "newspaper of general circulation" in the county where the petition was filed. The court registry typically maintains a list of approved newspapers for each county.

Common choices by county:

• 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, the court provides the official notice language or a Citation form. Do not draft your own — use the court's version.

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. File the affidavit with the court. Submit the newspaper's affidavit to the probate court registry as proof of compliance.

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 doesn't automatically invalidate your appointment, but it creates serious problems:

• Creditors may argue they weren't properly notified, potentially extending the claim period beyond one year
• The court may refuse to accept your closing statement (MPC 850) without proof of publication
• A disgruntled heir could use the omission to challenge your administration

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 (Separate Requirement)

Don't confuse publication with the seven-day notice requirement. Before you even file your petition, you must send written notice to all known interested parties at least seven days before the filing date. This is direct, personal notice — by mail or hand delivery — to each heir, devisee, and the DMA if MassHealth was involved.

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 →