Massachusetts Form MPC 160 is the official Bond form filed in the Probate and Family Court by every personal representative, guardian, conservator, special personal representative, or other fiduciary appointed under the Massachusetts Uniform Probate Code (MUPC). The form binds the fiduciary, and any sureties, to faithfully perform the duties of the appointment, and the court will not issue Letters of Authority until a properly completed bond is on file with the Register of Probate.
Roughly 40,000 probate estates are opened each year in Massachusetts, and the Trial Court reports that bond defects are among the top three reasons probate filings sit on a magistrate’s desk in “incomplete” status, often delaying letters by 30 to 90 days. A defective MPC 160 can freeze access to bank accounts, stall the sale of real estate, and personally expose a fiduciary if the surety arrangement does not match what the court ordered under M.G.L. c. 190B, § 3-603 and M.G.L. c. 205.
In this guide you will learn:
- 📝 How to complete every box on the current MPC 160 (Rev. 7/2012 and later reprints) line by line
- 💵 How to calculate the penal sum using probable estate value plus one year of income
- 🖋️ How to choose between a bond with sureties, without sureties, or with personal sureties
- 📬 How to file by mail, in person at the Register of Probate, or through the eFileMA portal
- ⚠️ The 10+ rejection traps that send MPC 160 back from the magistrate’s desk
What the Form Is and Who Must File It
Massachusetts Form MPC 160 is the general fiduciary Bond required by the Probate and Family Court whenever a person is appointed to handle someone else’s money, property, or person. The form is published by the Massachusetts Trial Court Probate and Family Court Department and is keyed to the Massachusetts Uniform Probate Code, which the Legislature adopted in Chapter 190B of the General Laws. The bond is the court’s primary protection for heirs, devisees, creditors, wards, and protected persons.
Anyone the court appoints as a fiduciary in a probate matter must file MPC 160 unless a statute or the will specifically excuses the bond. That includes a personal representative in formal or informal probate, a special personal representative, a guardian of an incapacitated person, a guardian of a minor, a conservator over a protected person’s estate, and any successor fiduciary appointed after a removal or resignation. Trustees appointed by the Probate Court under M.G.L. c. 203E also use MPC 160 when the court orders a bond.
The bond does three jobs at once. It promises faithful performance, it sets a dollar ceiling (the penal sum) that measures the fiduciary’s financial exposure, and it identifies who, if anyone, will pay if the fiduciary defaults. A surety is the person or company that backs the bond, and the bond can be filed with corporate surety, with personal surety, or without surety depending on what the will says, what the interested persons agree to, and what the court orders under M.G.L. c. 190B, § 3-603 and § 5-410.
Filing the wrong bond type, or no bond at all, is not a paperwork glitch. The court will refuse to issue Letters of Authority, which means the fiduciary cannot legally act, cannot move bank funds, cannot sign deeds, and cannot speak for a ward. In a contested estate, a missing or defective bond is a textbook ground for a motion to remove the fiduciary under M.G.L. c. 190B, § 3-611.
Before You Start: Documents and Information You Need
Gather every item on this checklist before you open the form, because MPC 160 has to match the petition, the decree, and the surety paperwork word for word. A name spelled two different ways across the file is one of the most common reasons the magistrate kicks the bond back. The Probate and Family Court’s forms and filing fees page lists every related form by number.
- The decedent’s, ward’s, or protected person’s full legal name and date of death or date of birth. The bond caption must match the petition exactly, including middle names and suffixes, or the docket clerk cannot link it to the case.
- The docket number assigned by the Register of Probate. Without the docket number the bond cannot be indexed and will sit in the “unmatched” tray.
- The fiduciary’s full legal name, mailing address, and daytime phone. The court uses this address to mail Letters and any Citations or Orders.
- The probable value of the personal estate (or protected estate) for the next 12 months. This is the foundation of the penal sum and must be a good-faith estimate, not a guess.
- The expected income from the estate for the next 12 months. Rental income, dividends, Social Security survivor benefits, and pension flow-through all count.
- The surety’s full name, address, and either NAIC number (corporate) or Social Security number redacted to the last four (personal). A surety with no verifiable identity will not pass the magistrate.
- A signed MPC 161 Surety’s Affidavit of Sufficiency for each personal surety. Personal sureties must prove they own enough non-exempt assets to cover the penal sum.
- The will, if any, and the order or decree appointing the fiduciary. A will that waives surety changes which box you check on MPC 160.
- Written assents from all interested persons if you plan to file without surety in a case where the will does not waive bond. The court will check these against M.G.L. c. 190B, § 3-603(6).
- A notary public or court clerk for acknowledgment. Every signature on MPC 160 must be acknowledged, not just witnessed, under G.L. c. 222.
If anything on this list is missing, stop. Filing an incomplete MPC 160 starts a paper trail of rejections that can follow the case for years.
Where to Get the Form and How to Access It
The only safe place to download MPC 160 is the Trial Court’s official forms library, which hosts the current PDF at the MPC 160 Bond download page. Third-party legal sites often host outdated revisions, and the magistrate will reject a bond that is missing the current footer revision date. The current form carries a footer revision of 7/2012, with later reprints, and the Trial Court refreshes the PDF without changing the form number.
You can also pick up a paper copy at any of the 14 Probate and Family Court divisions, including Suffolk, Middlesex, Worcester, Essex, Norfolk, and Hampden. The clerk’s office keeps a small stack at the public counter, and the staff will hand you a fresh copy on request, but they cannot tell you how to fill it out.
Attorneys filing electronically can pull MPC 160 inside the eFileMA portal when they start a probate filing, and Tyler Technologies’ system pre-populates the caption from the petition. Pro se filers without an attorney can also register for an eFileMA account and upload the bond as a PDF, although most pro se filers still file on paper at the counter.
The form is two pages: the Bond itself on page 1, and the Acknowledgment block plus signature areas on page 2. Print on plain white 8½ × 11 paper, single-sided, with no staples, because the Register scans every page into MassCourts. A double-sided print or a stapled bond is a frequent counter-level rejection.
Step-by-Step: How to Fill Out MPC 160 Line by Line
Work through the form top to bottom, in the order the boxes appear on the page, and never skip a field even if it looks optional. The court reads MPC 160 as a single sworn instrument, and a blank line is treated as an unanswered question. Use black ink, block capitals, and do not cross out errors; a clean reprint is always faster than an interlineation.
Caption: Commonwealth of Massachusetts, The Trial Court, Probate and Family Court
This top block tells the court which division and which case the bond belongs to. The caption asks for the Division (e.g., Middlesex Probate and Family Court) and the Docket No. assigned when the petition was filed. Write the division name in full and the docket number exactly as it appears on the petition, including the year prefix and the letters (e.g., MI24P1234EA).
For example, Maria Lopez, the personal representative of her late father’s estate in Cambridge, writes Middlesex Probate and Family Court on the Division line and MI25P0876EA on the Docket No. line. If you do not yet have a docket number because you are filing the bond simultaneously with the petition, leave the docket box blank and the clerk will stamp it in at intake.
A common mistake here is writing the county instead of the court division, e.g., Middlesex County rather than Middlesex Probate and Family Court. The consequence is a kick-back from the docket clerk because “Middlesex County” matches three different courts. A common misconception is that the docket number is optional on the bond, but the Uniform Probate Court Practice treats the bond as a case-bound document that must carry the same docket number as the petition.
Estate of / Name of Decedent, Ward, or Protected Person
This box names the person whose estate, person, or property the bond protects. Enter the full legal name as it appears on the death certificate (for a decedent) or the birth certificate (for a minor or protected person), with no nicknames and no abbreviations. Include any suffix such as Jr., Sr., or III.
For example, Maria Lopez writes Roberto Antonio Lopez, Sr. in this box, matching the death certificate exactly. Do not write Robert A. Lopez even if everyone called him Robert, because the magistrate cross-checks the name against the petition and the death certificate.
A nuance arises when the decedent used an alias or a married name; in that case the petition will list “a/k/a” names, and the bond must repeat the lead legal name only, not the a/k/a list. The common mistake is dropping the suffix, which causes the bond to fail the docket match when the petition uses Sr. and the bond does not. A common misconception is that the Estate of prefix is required; on MPC 160 the prefix is preprinted, so you only enter the name itself.
Penal Sum (Bond Amount)
The penal sum is the dollar ceiling of the bond, written as both numerals and words on the form. Calculate it under M.G.L. c. 190B, § 3-604 (probate) or § 5-410 (conservatorship): take the probable value of the personal property the fiduciary will handle in the next year, add the probable income from that property for the next year, and round up to the nearest dollar. Real estate is generally excluded unless a license to sell is sought.
For example, if Maria Lopez expects to manage $185,400 in bank and brokerage accounts and $9,600 in dividends over the next year, she writes $195,000.00 in the numeric box and One hundred ninety-five thousand and 00/100 on the words line. Always round up, never down, and always match the words and numerals; the words control if there is a conflict.
A nuance is that jointly owned accounts that pass by survivorship are not part of the personal estate and should be left out of the penal sum, which trips up filers who add every account on the bank statement. The most common mistake is using the gross estate (including real property) instead of the personal estate plus income, which inflates the bond and the surety premium for no reason. A widespread misconception is that the penal sum is what the fiduciary will pay; it is actually a cap on what the surety might pay if the fiduciary defaults, and the premium on a corporate bond is typically 0.5% to 1% of the penal sum per year.
Type of Fiduciary Box
The form has check boxes for the fiduciary’s role: Personal Representative, Special Personal Representative, Guardian, Conservator, Trustee, or Other. Check exactly one box that matches the appointment in the petition or decree. If the appointment is hybrid (e.g., guardian and conservator), file two bonds, one for each role, because each role has its own penal sum and its own duties.
For example, Janet Pierce, appointed conservator over her aunt’s estate in Worcester, checks Conservator only. She does not check Guardian even though she is also the guardian of the person, because guardianship of the person typically does not require a bond and the conservator bond covers only the property side.
A nuance: a Voluntary Personal Representative under M.G.L. c. 190B, § 3-1201 does not file MPC 160 because the voluntary process does not require a bond. The most common mistake is checking Personal Representative when the order actually names a Special Personal Representative; the bond then mismatches the decree and the Letters cannot issue. The misconception is that the role can be inferred from the case caption; the magistrate looks only at the box you checked, so check carefully.
With Sureties / Without Sureties / With Personal Sureties
This is the single most-rejected field on MPC 160. The form has three check boxes: With Sureties (corporate surety), Without Sureties (no surety at all), and With Personal Sureties (one or more individual sureties). Check the box that matches the will, the assents on file, or the court’s order; mismatches cause an automatic rejection.
For example, Marcus Hill, the personal representative of his mother’s informal probate where the will expressly excuses surety, checks Without Sureties. Aisha Brown, appointed in formal probate over a contested estate, checks With Sureties and lists Travelers Casualty and Surety as the corporate surety. Carlos Rivera, conservator of a minor with a $40,000 settlement, checks With Personal Sureties and lists his two adult siblings.
A nuance is that Without Sureties still requires either a will provision waiving surety or written assents from all interested persons under M.G.L. c. 190B, § 3-603; the bond is not magic, the supporting paperwork is. The common mistake is checking Without Sureties when one heir has not assented, which triggers a Citation and a delay of 30 to 60 days. The misconception is that “no surety” means “no bond”; even a no-surety filing requires a fully executed MPC 160.
Principal’s Name and Address
The Principal is the fiduciary themselves, the person being bonded. Enter the principal’s full legal name and complete mailing address (street, city, state, ZIP), exactly as it appears on the petition. A P.O. Box is acceptable only if a physical address is also on file with the court for service of process.
For example, Maria Lopez writes Maria Elena Lopez, 47 Brattle Street, Cambridge, MA 02138 on the principal line. She uses her current legal name, not her maiden name, because the petition was filed in her current name.
A nuance: if the fiduciary is a bank or trust company acting as a corporate personal representative, the principal line takes the institution’s full legal name and the address of its trust department. The common mistake is using the decedent’s address instead of the fiduciary’s, which routes all court mail to an empty house. The misconception is that the principal and the surety can share an address; they generally cannot, because the surety must be independent enough to be sued separately.
Surety’s Name and Address
If you checked With Sureties or With Personal Sureties, enter each surety’s full legal name and complete mailing address. Corporate sureties must be licensed by the Massachusetts Division of Insurance and must appear on the U.S. Treasury’s Circular 570 list of approved sureties for federal acceptance, although state acceptance turns on Massachusetts licensure.
For example, Aisha Brown writes Travelers Casualty and Surety Company of America, One Tower Square, Hartford, CT 06183 in the surety block. Carlos Rivera writes Luis Rivera, 12 Pine Street, Lowell, MA 01852 and Sofia Rivera, 88 Maple Avenue, Lowell, MA 01852 on two surety lines.
A nuance is that personal sureties must be Massachusetts residents, must be at least 18, and must not be the principal or an interested person in the estate; using an heir as a surety is a per se conflict. The most common mistake is naming a surety with no street address (just a P.O. Box), which fails the affidavit of sufficiency check. The misconception is that one surety is always enough; for personal sureties the court typically wants two unless the penal sum is small.
Signature of Principal
The principal signs in this block, in blue or black ink, in front of a notary or a court clerk. The signature must match the printed name on the principal line and must be acknowledged on page 2.
For example, Maria Lopez signs Maria E. Lopez in blue ink while her notary watches. She does not pre-sign; the acknowledgment is invalid if the notary did not see the signature happen.
A nuance: if the fiduciary is a corporate principal, an authorized officer signs and adds the title (e.g., Vice President, Trust Department) and the corporate seal. The common mistake is using a stamp signature or a digital scribble, both of which the magistrate rejects. The misconception is that the principal can sign at home and bring it in; the acknowledgment in G.L. c. 222, § 15 requires the notary to witness the act.
Signature of Surety (or Sureties)
Each surety signs on a separate signature line, in ink, in front of a notary. Corporate sureties sign through an attorney-in-fact, who must attach a current Power of Attorney issued by the surety company; without the POA the surety signature is a nullity.
For example, Travelers signs through its attorney-in-fact Patricia O’Donnell, who attaches a Travelers POA dated within the last 12 months. Luis Rivera and Sofia Rivera each sign their own line, and each completes a separate MPC 161 affidavit.
A nuance is that the POA must be the original or a certified copy; a plain photocopy of a POA is grounds for rejection in most divisions. The common mistake is forgetting to attach the POA at all, which makes the corporate bond unenforceable. The misconception is that the surety’s signature is a formality; it is the entire basis of the surety’s liability and the magistrate scrutinizes it.
Acknowledgment Block (Page 2)
The acknowledgment is a sworn statement by a Massachusetts notary public (or another official authorized under G.L. c. 222) that the principal and each surety personally appeared and signed. Fill in the County, the Date, the Name(s) of person(s) acknowledging, the notary’s signature, the printed name, and the commission expiration date.
For example, the notary writes Middlesex, ss., June 14, 2026, Maria Elena Lopez, signs, prints Anita Shah, Notary Public, and writes My commission expires: 03/22/2030.
A nuance: if signatures happen on different days or in different counties, use a separate acknowledgment block for each, and attach a continuation page if the form has only one block. The common mistake is leaving the commission expiration line blank, which invalidates the acknowledgment under the Executive Order on Notaries Public. The misconception is that a notary stamp alone is enough; the printed name and expiration date are independent requirements.
Three Filled-Out Examples Using Real Scenarios
The three scenarios below show how MPC 160 looks in the most common fact patterns the Probate and Family Court sees. Each named person carries through the entire bond so you can see the choices in context. Use these as templates, not as legal advice for your own case.
Scenario 1: Maria Lopez — Informal Probate, Sole Heir, No Sureties
Maria Lopez is the only child of her late father Roberto. The will appoints her personal representative and excuses surety. She files informal probate in Cambridge.
| Form Section | What Maria Enters |
|---|---|
| Division / Docket No. | Middlesex Probate and Family Court / MI25P0876EA |
| Estate of | Roberto Antonio Lopez, Sr. |
| Penal Sum | $195,000.00 / One hundred ninety-five thousand and 00/100 |
| Type of Fiduciary | Personal Representative (checked) |
| Surety Type | Without Sureties (checked) |
| Principal | Maria Elena Lopez, 47 Brattle Street, Cambridge, MA 02138 |
| Surety | N/A — bond filed without surety per will |
| Principal Signature | Maria E. Lopez in blue ink, June 14, 2026 |
| Acknowledgment | Middlesex, ss., notarized by Anita Shah, commission expires 03/22/2030 |
Scenario 2: Aisha Brown — Formal Probate, Corporate Surety, Contested Estate
Aisha Brown is appointed personal representative of her uncle’s contested estate after a will challenge by a stepchild. The court orders bond with corporate surety in the penal sum of $640,000.
| Form Section | What Aisha Enters |
|---|---|
| Division / Docket No. | Suffolk Probate and Family Court / SU25P1402EA |
| Estate of | Wendell Cortez Brown |
| Penal Sum | $640,000.00 / Six hundred forty thousand and 00/100 |
| Type of Fiduciary | Personal Representative (checked) |
| Surety Type | With Sureties (checked) |
| Principal | Aisha Nicole Brown, 312 Beacon Street, Boston, MA 02116 |
| Surety | Travelers Casualty and Surety Co. of America, One Tower Square, Hartford, CT 06183 |
| Surety Signature | Patricia O’Donnell, Attorney-in-Fact, with original Travelers POA attached |
| Acknowledgment | Suffolk, ss., notarized June 18, 2026, commission expires 11/04/2028 |
Scenario 3: Carlos Rivera — Conservatorship of a Minor with Two Personal Sureties
Carlos Rivera is appointed conservator of his nephew’s $40,000 personal injury settlement in Lowell. The court accepts two personal sureties (his adult siblings) on MPC 161 affidavits.
| Form Section | What Carlos Enters |
|---|---|
| Division / Docket No. | Middlesex Probate and Family Court / MI25P0511PM |
| Name of Protected Person | Diego Mateo Rivera (minor, DOB 04/02/2014) |
| Penal Sum | $42,000.00 / Forty-two thousand and 00/100 |
| Type of Fiduciary | Conservator (checked) |
| Surety Type | With Personal Sureties (checked) |
| Principal | Carlos Rivera, 5 Riverside Drive, Lowell, MA 01852 |
| Surety #1 | Luis Rivera, 12 Pine Street, Lowell, MA 01852 + MPC 161 |
| Surety #2 | Sofia Rivera, 88 Maple Avenue, Lowell, MA 01852 + MPC 161 |
| Acknowledgment | Middlesex, ss., all three signers notarized same day, July 1, 2026 |
How to File the Completed Form
You file MPC 160 with the Register of Probate in the division where the petition is pending, never at a District Court or the Supreme Judicial Court. The bond can travel by mail, in person, or electronically, and each channel has its own rhythm. The Trial Court’s filing fees schedule lists every fee touched by the bond.
In person. Bring the original signed and notarized MPC 160, plus any MPC 161 affidavits and surety POAs, to the Register of Probate counter at the relevant Probate and Family Court location. There is no separate filing fee for the bond itself; the fee was paid with the petition. The clerk time-stamps the original, scans it into MassCourts, and returns a date-stamped copy to you. Keep that stamped copy; it is your proof of filing.
By mail. Mail the original to the Register of Probate at the division’s mailing address (e.g., Middlesex Probate and Family Court, 10-U Commerce Way, Woburn, MA 01801). Use certified mail with return receipt, include a self-addressed stamped envelope, and ask the Register to return a date-stamped copy. Processing time runs 7 to 14 days during normal months and longer in late summer.
Electronically through eFileMA. Attorneys and registered pro se filers upload MPC 160 as a flat PDF through the eFileMA portal under the existing case. The portal charges a per-filing technology fee (typically a few dollars), payable by credit card or ACH. The system returns an electronic file-stamp within minutes of acceptance, and that stamp is your proof of filing. Original wet-ink bonds with corporate sureties may still need to be lodged on paper; check the division’s standing order.
What Happens After You File
Once the Register accepts the bond, a magistrate reviews it for completeness, surety sufficiency, and matching with the petition or decree. If the bond passes, the court issues Letters of Authority (Letters Testamentary, Letters of Administration, Letters of Guardianship, or Letters of Conservatorship) under M.G.L. c. 190B, § 3-601. The Letters are the document third parties (banks, brokerages, registries of deeds) actually want to see.
If the bond fails review, the court issues a Notice of Defect or marks the case “incomplete” in MassCourts, listing the specific defect (missing acknowledgment, wrong penal sum, surety not licensed, etc.). You then file a corrected MPC 160; you do not amend the original. Most divisions give you 30 days to cure before the case is dismissed without prejudice.
The bond stays on file for the life of the appointment and beyond. The fiduciary’s duty under the bond ends only when the court allows a final account, discharges the fiduciary, and releases the surety, often years after the appointment. A surety can also petition the court to be discharged early under M.G.L. c. 205, § 8 if the surety believes the fiduciary is becoming a risk.
Heirs, devisees, creditors, and protected persons can sue on the bond if the fiduciary breaches duty. The penal sum is the cap, and the surety pays first, then chases the principal for indemnification. The practical lesson is that the bond is real money, not a formality.
Mistakes to Avoid When Filling Out the Form
Form MPC 160 looks short, but the magistrates have a long list of recurring errors. Each mistake below has bitten thousands of filers, and each one carries a real consequence.
- Wrong penal sum. Using the gross estate or omitting income inflates or deflates the bond, and the magistrate orders a recalculation.
- Mismatched surety box. Checking Without Sureties without the underlying will waiver or assents triggers a Citation and a 30+ day delay.
- Missing acknowledgment. A signature without a notarized acknowledgment is treated as no signature at all.
- Expired notary commission. The bond is rejected and you need a fresh notarization, often weeks later.
- No POA attached for corporate surety. The corporate bond is unenforceable and the magistrate refuses Letters.
- Personal surety who is also an heir. The surety has a per se conflict and the affidavit of sufficiency is rejected.
- Wrong division on the caption. The bond is sent to the wrong court and may take weeks to be redirected.
- Numerals and words conflict on penal sum. Words control, but the conflict alone draws a kick-back for clarity.
- Filing only a copy, not the original. Most divisions require the wet-ink original on paper for non-eFile cases.
- No docket number when one exists. The bond cannot be indexed and sits in the unmatched tray.
- Stapled or double-sided printing. The Register’s scanner jams and the counter clerk hands it back.
- Wrong fiduciary type checked. A Special Personal Representative checked as Personal Representative mismatches the decree.
Do’s and Don’ts
A short list of habits separates clean MPC 160 filings from the ones that come back stamped DEFECT. Read this list before you sign anything.
Do’s:
- Do download MPC 160 fresh from the Trial Court’s official page every time, because reprints update silently.
- Do match the caption and decedent name letter for letter with the petition.
- Do calculate the penal sum from probable personal estate plus one year of income, as required by § 3-604.
- Do attach an MPC 161 for every personal surety, not just the first one.
- Do sign in blue ink so the original is easy to distinguish from a copy.
- Do keep a date-stamped copy of the bond in your fiduciary file forever.
Don’ts:
- Don’t check more than one fiduciary type box; pick the one that matches the decree.
- Don’t use a P.O. Box as the principal address without also giving a physical address.
- Don’t rely on a digital signature unless the division’s standing order explicitly allows it.
- Don’t name an interested person as a personal surety.
- Don’t file the bond before the petition; the Register needs the docket number to index it.
- Don’t assume “without sureties” means “without paperwork”; the assents and waivers are part of the package.
Pros and Cons of Filing on Your Own vs. With Help
Many filers complete MPC 160 themselves, especially in informal probate with a will that waives surety. Others retain a probate attorney or a corporate surety broker. Both paths are legitimate, and the right choice depends on the size of the estate, the number of interested persons, and your appetite for paperwork.
Pros of filing pro se:
- Lower cost. You skip attorney fees, often $1,500 to $4,000 for a simple estate.
- Direct control. You decide the surety arrangement and the penal sum without a middleman.
- Faster turnaround in simple cases. A clean informal probate bond can be on file in a week.
- Educational value. You learn the MUPC framework that governs the entire fiduciary duty.
- Easy renewal. Once you file once, the second case (e.g., a successor estate) is far easier.
Cons of filing pro se:
- High rejection risk on first attempt. The magistrate’s defect rate on pro se bonds runs noticeably higher than attorney-filed bonds.
- No advice on surety choice. You may pick Without Sureties when the facts call for a corporate surety.
- Personal liability exposure. A miscalculated penal sum can leave heirs under-protected and you over-exposed.
- Slower learning curve in contested estates. A will challenge or removal motion is hard to handle alone.
- No malpractice cushion. A mistake is yours; an attorney’s mistake is covered by their carrier.
Filing Channel Comparison
The choice of filing channel changes timing, cost, and proof. The table below shows the trade-offs at a glance.
| Filing Channel | What to Expect |
|---|---|
| In person at the Register of Probate | Fastest stamp, immediate proof of filing, no extra fee, requires a trip to the courthouse |
| By certified mail | No travel, 7–14 day processing, requires self-addressed stamped envelope for stamped return copy |
| Through eFileMA | Electronic stamp in minutes, small per-filing tech fee, original wet-ink may still be required for surety bonds |
FAQs
Is MPC 160 the same as the informal bond MPC 162?
No. MPC 162 is a stripped-down bond used only in informal probate without surety; MPC 160 is the general bond used across formal probate, guardianship, conservatorship, and trust appointments under the MUPC.
Do I need a bond if the will waives surety?
Yes. The will can waive surety, but the Probate and Family Court still requires a bond on MPC 160 itself to bind the fiduciary to faithful performance.
Can I serve as my own surety?
No. A surety must be a person or entity other than the principal; the whole point is independent backup, and Massachusetts law in c. 205 presumes separation between principal and surety.
How much does a corporate surety bond cost?
Yes, there is a real cost: corporate sureties typically charge 0.5% to 1% of the penal sum per year, so a $500,000 bond runs $2,500 to $5,000 annually until the fiduciary is discharged.
Do I write the gross estate or the personal estate in the penal sum box?
No, not gross. Write the probable personal estate plus one year of probable income, as required by § 3-604; real estate generally stays out unless a license to sell is sought.
Can my spouse be my personal surety?
No, not safely. A spouse who is also an interested person in the estate has a per se conflict, and most magistrates reject the affidavit of sufficiency on conflict grounds.
Do I check “Personal Representative” if I am a Special Personal Representative?
No. Check Special Personal Representative exactly as the decree appointed you; mismatching the role to the decree is one of the top three rejection reasons.
Can I e-sign MPC 160?
No, not in most divisions. The acknowledgment requirement under G.L. c. 222 presumes a wet-ink signature in front of a notary, although remote online notarization may be allowed by standing order.
How long is the bond in force?
Yes, for the life of the appointment. The bond binds the fiduciary until the court allows a final account and discharges both the fiduciary and the surety, often years later under § 3-1003.
Can the penal sum be increased later?
Yes. Any interested person, or the court on its own motion, can ask for an increased bond if the estate grows or new assets surface, and the fiduciary files a new MPC 160 with the higher penal sum.
What happens if I file MPC 160 without the MPC 161 affidavit for my personal surety?
No Letters will issue. The magistrate treats personal sureties as unverified until MPC 161 shows the surety owns enough non-exempt assets to cover the penal sum.
Do I need a new bond if I move to a new address mid-case?
No new bond, but yes to a notice. File a change-of-address with the Register so Letters and Citations reach you; the bond itself remains valid.
Can a creditor sue on the bond directly?
Yes. A creditor whose claim was allowed but not paid can sue on the bond under M.G.L. c. 205, § 6, and the surety pays up to the penal sum before chasing the principal.
Do I file a separate MPC 160 for each co-fiduciary?
No. Co-fiduciaries sign a single MPC 160 jointly, with each name on the principal line and each signature acknowledged separately, and the bond binds them jointly and severally.
Related reading
- How to Fill Out Massachusetts Form MPC 150 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 162 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 170 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 185 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 401 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 470 (w/Examples) + FAQs
- How to Fill Out California Form GC-200 (w/Examples) + FAQs