What Forms Are Needed for Probate in Massachusetts

If someone you care about has passed away in Massachusetts and left behind property or assets, you’ll likely need to go through probate. That means filing specific court forms to legally settle the estate. Knowing what forms are needed for probate in Massachusetts can save you time, reduce stress, and help avoid delays that sometimes stretch for months.

What exactly is probate in Massachusetts?

Probate is the legal process where a court oversees the distribution of a deceased person’s assets. If there’s a will, the court ensures it’s valid and followed. If there isn’t one, state law determines who inherits what. Either way, paperwork is required and missing or incorrectly filled forms are the most common reason filings get stuck.

Which forms do I actually need to file?

The exact forms depend on whether there’s a will, the size of the estate, and whether anyone is contesting anything. But here’s what most people encounter:

Petition for Probate of Will and/or Appointment of Personal Representative (MPC 150) – This kicks off the process if there’s a will.
Petition for Administration (MPC 160) – Used when there’s no will.
Notice of Petition (MPC 170) – Sent to heirs and creditors to let them know probate has started.
Inventory of Assets (MPC 340) – A detailed list of everything the person owned at death.
Account (MPC 380) – Filed later to show how money was spent or distributed.

You can find all official Massachusetts probate court forms on the Massachusetts Probate and Family Court website.

When do I need these forms?

You’ll start gathering and filling out forms shortly after the death usually within 30 days if you’re named executor or plan to serve as administrator. Delays can trigger penalties or objections from heirs. Even small estates often require at least a simplified filing, so don’t assume you can skip the process entirely.

Common mistakes people make

Many filers rush through the inventory form or forget to notify all potential heirs. Others submit unsigned documents or miss deadlines for creditor notices. One frequent error? Assuming “I have the will, so I’m done.” The court still needs formal petitions and proof you’ve notified everyone involved.

If you’re unsure how to complete any section, check our breakdown of how to fill out each probate form correctly. It walks through line-by-line examples based on real filings.

Do I need a lawyer for this?

Not always. Simple, uncontested estates with clear wills can often be handled without an attorney especially if you’re organized and follow instructions carefully. But if there are disputes, unclear beneficiaries, or complex assets like real estate or businesses, legal help is wise. Mistakes in probate can lead to personal liability, so don’t guess when you’re unsure.

Where do I file these forms?

You must file in the county where the deceased person lived at the time of death. Each county has its own Probate and Family Court. Bring originals plus copies most courts require at least two. Filing fees vary but typically range from $100 to $300 depending on the petition type.

For a walkthrough of where to go and what to bring, see our guide on filing probate documents in Massachusetts.

What if the estate is small?

Massachusetts offers a simplified procedure for estates under $25,000 (excluding real estate). You’d use Voluntary Statement (MPC 190) instead of full probate. It’s faster and requires less paperwork but you still need to list assets and notify heirs. Not every small estate qualifies, so double-check before assuming you can skip formal probate.

How long does this take?

Simple cases can wrap up in 4–6 months. Complex ones especially those involving real estate sales, creditor claims, or family disagreements can take a year or more. The timeline depends heavily on how quickly you file accurate paperwork and respond to court requests.

To keep things moving, review our checklist for submitting estate paperwork without delays.

Next steps: Don’t wait to start

Gather the death certificate, locate the original will (if any), and make a rough list of assets. Then download the correct petition form. Waiting too long can complicate matters especially if bills pile up or heirs grow impatient. If you’re named executor, you have a legal duty to act promptly.

For a step-by-step overview of what happens after you file, including timelines and court expectations, read about the full process for filing wills in Massachusetts probate court.

Quick checklist before you file: