Massachusetts Form MPC 170 is the Petition for Formal Probate of Will and/or Appointment of Personal Representative, the court paper a person files with the Massachusetts Probate and Family Court to ask a judge to formally allow a will, name a personal representative, or both, under the Massachusetts Uniform Probate Code. The current revision in use is the MPC 170 (Rev. 7/2012, reissued) PDF, and you should always confirm the revision date printed in the lower-left footer before filing.
According to the Trial Court annual report, the Probate and Family Court receives more than 30,000 estate filings each year, and informal review by court staff suggests that roughly one in three formal petitions get rejected on first submission for missing signatures, blank interested-person sections, or wrong filing fees. Getting the form right the first time saves weeks of waiting and a second trip to the courthouse.
Here is what this guide covers:
- 📜 What MPC 170 actually does and who must file it
- 🗂️ Every document, ID, and date you need before you start
- ✍️ A line-by-line walkthrough of every box on the form
- 👨👩👧 Three full-walkthrough scenarios with named filers
- 🏛️ How to file by mail, in person, or through eFileMA
- ⚠️ The mistakes that get petitions kicked back and how to avoid them
What the Form Is and Who Must File It
Form MPC 170 is the formal-probate petition used when an interested person wants a judge — not just a magistrate — to decide whether a will is valid, who should serve as the personal representative (the modern term for executor or administrator), and whether the administration should be supervised. It is governed by G.L. c. 190B § 3-402, the section of the MUPC that lays out what a formal petition must contain. Formal probate is required when the will is damaged, when an heir cannot be found, when a minor or incapacitated person inherits, or when someone expects a contest.
Anyone who qualifies as an interested person under G.L. c. 190B § 1-201(24) may file. That includes the surviving spouse, adult children, named devisees, creditors holding a present interest, and the nominated personal representative. A pro se filer (someone without a lawyer) may file MPC 170, but the court will hold the petitioner to the same procedural standards as an attorney.
The petition is filed in the Probate and Family Court division for the county where the decedent was domiciled at death. Domicile means the decedent’s true, fixed home, not just where they died. If the decedent owned a home in Worcester County but died in a Boston hospital, the petition belongs in Worcester. Filing in the wrong county triggers a transfer order under Probate Court Rule 9 that adds two to four weeks of delay.
Before You Start: Documents and Information You Need
Gather everything below before you open the PDF. Missing any one item is the most common reason a petition gets rejected at the intake window of the Registry of Probate.
- Certified death certificate — the court will not allow a will without it; a photocopy is rejected on sight.
- Original will and any codicils — staples removed, because the registry scans page-by-page and a missing page voids the filing.
- Decedent’s full legal name, date of death, and last address — these go on every page and must match the death certificate exactly.
- Petitioner’s full legal name, address, and phone — used for the citation and any court mailings.
- Names, addresses, and ages of all heirs at law and devisees — required by G.L. c. 190B § 3-403, and missing one heir is fatal to the petition.
- Estimated value of the personal and real property — needed for the bond and the filing fee calculation.
- Proposed personal representative’s information — full name, address, relationship to the decedent, and whether they will serve with or without surety on the bond.
- Filing fee of $375 plus $15 surcharge plus $15 generally for the citation — confirm the current amounts on the Probate Court fee schedule before writing the check.
- Surviving spouse, children, and heirs-at-law worksheet (MPC 470) — filed with MPC 170, not after.
- Bond form (MPC 801) and, if applicable, sureties’ names and addresses.
- Military affidavit (MPC 470) covering all interested persons — confirms whether anyone is on active duty under the Servicemembers Civil Relief Act.
If any item is missing, the registry will stamp the petition received but not filed, and the priority date you might have wanted under G.L. c. 190B § 3-203 will not lock in.
Where to Get the Form and How to Access It
The official, fillable PDF lives on Mass.gov and is published by the Massachusetts Trial Court. You can download the MPC 170 PDF directly, fill it on screen using Adobe Acrobat Reader, and print it for signature. Avoid third-party websites that resell or modify the form; the registry will reject any version that is not the current Trial Court PDF.
Paper copies are also available at every Probate and Family Court division intake counter at no cost. Court staff cannot help you fill it out, but they can hand you a clean copy and a packet of related forms. The Massachusetts Court Service Centers located inside several courthouses do offer procedural guidance and access to public computers.
For e-filing, you must register a free account at eFileMA, the Tyler Technologies portal the Trial Court contracts with. The portal accepts MPC 170 in PDF/A format, and it auto-rejects any PDF larger than 25 MB or any file whose form fields have been flattened incorrectly. If you scan a hand-completed form, scan at 300 dpi in black-and-white to keep the file under the limit.
If you need accommodations, the Trial Court ADA office provides large-print or screen-reader-compatible versions on request. Translation help is available through the Office of Language Access.
Step-by-Step: How to Fill Out Form MPC 170 Line by Line
The form is two pages with a top caption block, ten numbered sections, and a signature block. Work top to bottom and never skip a box, even one that seems to apply to someone else.
Caption: Division of the Probate and Family Court
The caption asks which county division of the Probate and Family Court will hear the case. Write the county name in capital letters on the line that reads Division. For example, Maria Lopez writes MIDDLESEX because her late father was domiciled in Cambridge.
If the decedent split time between two homes, look at the domicile rules in G.L. c. 190B § 1-201(15): permanence and intent control, not where the death occurred. Filing the wrong division triggers a Rule 9 transfer.
A common mistake is writing the city instead of the county; BOSTON in this box gets the petition rejected because there is no Boston Division of the Probate Court. The misconception is that “where they died” controls; in fact, domicile controls.
Docket Number
Leave this box blank. The registry assigns the docket number when the petition is accepted, and writing in your own number — even a guess — confuses the case-management system MassCourts.
James Carter leaves the line empty and waits for the clerk to stamp ES26P1234EA on the form. The nuance is that paper and electronic filers both leave it blank; only the registry writes here.
The mistake of pre-filling causes the clerk to white it out and re-stamp, which delays the file by a day or two. The misconception that you must enter a “case ID” from eFileMA is wrong; the eFileMA envelope number is separate from the docket number.
1. Decedent Information
This section asks for the decedent’s full legal name, the date of death, the place of death, and the last address. Write the name exactly as it appears on the certified death certificate, including middle initials and suffixes. Robert J. Lopez Sr. writes the same way on every line, even if the will says only Robert Lopez.
Use the date format MM/DD/YYYY with slashes, because the MassCourts system parses dates in that format. The place of death is the city or town and state — Cambridge, MA — not the hospital name. The last address is the decedent’s domicile, which may differ from where they died.
A nuance: if the decedent died abroad, list the foreign city and country, then attach a translated death certificate authenticated under the Hague Apostille Convention. The most common mistake is using a nickname; the registry cross-checks the name against the death certificate, and any mismatch triggers a hold under Probate Court Standing Order 3-17.
The misconception is that minor differences (“Bob” vs. “Robert”) are fine; they are not, and the petitioner will be told to file an amended petition.
2. Domicile at Death
Box 2 asks for the decedent’s domicile at the time of death, broken into street address, city/town, county, state, and ZIP. The county must match the division named in the caption. Aisha Brown writes 14 Elm Street, Worcester, Worcester County, MA 01609 because her mother lived there for thirty years.
If the decedent had recently moved into a nursing home, the domicile is usually the prior independent residence unless the move was permanent. Read Estate of Spinelli, 480 Mass. 1031 (2018) on intent of return. The consequence of getting domicile wrong is a Rule 9 transfer order.
A common mistake is using the decedent’s mailing address (a P.O. Box). P.O. Boxes are not domiciles. The misconception that a snowbird who wintered in Florida is domiciled in Florida is often wrong, because Massachusetts looks at voter registration, driver’s license, and tax filings.
3. Petitioner Information
Here you list every petitioner, their address, and their relationship or interest in the estate. There can be more than one petitioner; if a brother and sister jointly petition, list both names. Marcus Doyle, son, 22 Pine Lane, Quincy, MA 02169 is a typical entry.
Use a current mailing address where you can receive certified mail; the citation and all court notices will go there. If you move during the case, you must file a notice of change of address under Mass. R. Dom. Rel. P. 5(b).
The most common mistake is using a P.O. Box without also listing a street address; the citation has to be served personally if needed, and a P.O. Box alone makes that impossible. The misconception is that only one petitioner can sign; multiple interested persons can co-petition under G.L. c. 190B § 3-402(a).
4. Will Information and Type of Petition
Section 4 asks the petitioner to check the relevant boxes: formal probate of will, appointment of personal representative, both, or other relief. You must also list the date of the will and any codicils. Janet Yu checks both boxes and writes Will dated 06/15/2018; Codicil dated 03/02/2021.
Attach the original will and original codicils, never copies. If the original is lost, you must instead file a Petition to Probate Lost Will (MPC 175) and prove its contents under G.L. c. 190B § 3-402(c).
A nuance: a self-proving affidavit under G.L. c. 190B § 2-504 lets you skip live witness testimony at the hearing. The misconception that a notarized will is automatically self-proving is wrong; the affidavit must specifically follow the statutory script.
5. Surviving Spouse, Heirs at Law, and Devisees
This is the section that trips up the most filers. List every heir at law (the people who would inherit if there were no will, determined under G.L. c. 190B § 2-103) and every devisee named in the will, with full name, address, age (if a minor), and any legal disability. Carlos Rivera lists his mother, two sisters, a niece who is the issue of a predeceased brother, and a charity named in the will.
Attach MPC 162 (Devisees worksheet) if there are many devisees, but you still must list the heirs at law on MPC 170 itself. If a person is a minor, write (minor, DOB 04/12/2014) and arrange for a guardian ad litem under G.L. c. 190B § 1-403.
The mistake of leaving anyone off — especially an estranged child or a child of a predeceased sibling — is grounds for vacating the appointment later under Rule 60(b). The misconception that step-children are heirs is wrong unless legally adopted.
6. Proposed Personal Representative
Box 6 asks for the proposed personal representative’s name, address, relationship to the decedent, and the priority basis for appointment under G.L. c. 190B § 3-203. Aisha Brown writes Aisha Brown, daughter, nominated in will dated 06/15/2018, priority under § 3-203(a)(1).
Indicate whether the proposed PR will serve with surety or without surety on the bond. If the will waives surety, check that box and quote the will’s exact language. The bond form (MPC 801) must be filed at the same time, signed by the proposed PR.
A nuance: if a higher-priority person waives in writing using MPC 455, attach the waiver. The misconception that the oldest child has automatic priority is wrong; the nominated PR has priority over heirs at law.
7. Type of Personal Representative Appointment
Section 7 asks whether you want supervised or unsupervised administration, and whether you ask the court to dispense with sureties. Supervised administration (G.L. c. 190B § 3-501) keeps the court involved in every distribution; unsupervised is the default.
James Carter checks unsupervised because the will is uncontested and all heirs are adults. If you check supervised, you must file accountings and get court approval before any distribution, which adds months and legal fees.
The mistake of checking supervised when you do not need it locks you into extra hearings. The misconception that supervised administration is safer ignores the cost; it is intended for contested estates, minor heirs, or hostile beneficiaries.
8. Estimated Value of the Estate
Box 8 asks for the estimated value of personal property and real property at the date of death. Round to whole dollars. Maria Lopez writes Personal: $48,000; Real: $410,000 based on a Zillow estimate and a recent bank statement.
These figures determine the bond amount under G.L. c. 190B § 3-604. Underestimating to lower the bond is a misrepresentation that can lead to removal of the PR. The form is signed under the pains and penalties of perjury.
A nuance: real estate that passes outside probate (joint tenancy, life estate) is not listed here. The misconception that “estimated” means “approximate” is half-right; it means a good-faith estimate using reasonable sources like assessor records or recent appraisals.
9. Other Pending Matters
Section 9 asks whether any other proceedings concerning the decedent or the estate are pending in any court, anywhere. List the court, docket number, and nature of the proceeding. Janet Yu writes Norfolk Probate, Docket 24E0123, Petition for Informal Probate filed 03/01/2024 by sibling.
If you check None but a related proceeding exists, the petition can be dismissed for fraud on the court. Out-of-state proceedings count, including ancillary probate and any conservatorship of the decedent before death.
The misconception that only Probate Court matters count is wrong; pending civil suits where the decedent was a party also belong here, because the PR will be substituted as the party.
10. Prayers for Relief
This box is where you ask the court for what you want: allowance of the will, appointment of the PR, issuance of letters, and any other order. Carlos Rivera writes Petitioner prays that the Will dated 06/15/2018 be allowed; that Carlos Rivera be appointed personal representative without surety; and that Letters of Authority issue.
Be specific. Generic prayers like for such other relief as is just are fine as a catchall but cannot replace the specific orders you need. The court will not grant relief you did not ask for.
The mistake of leaving this box blank means the judge has nothing to allow; the petition is rejected. The misconception that the court will figure out what you want is wrong; this is an adversarial filing and you must state the relief.
Verification and Signature
The petitioner signs under the pains and penalties of perjury beneath the prayers. Print your name on the line above and sign on the line. Include the date and a phone number. Marcus Doyle signs Marcus Doyle, 05/14/2026.
If multiple petitioners sign, each one must print and sign separately. Electronic signatures using /s/ Name format are accepted only on eFileMA submissions, per Standing Order 2-21. Wet-ink signatures are required for paper filings.
The mistake of forgetting the date next to the signature voids the verification, and the registry will reject. The misconception that a notary is required is wrong; perjury verification is enough under G.L. c. 268 § 1A.
Attorney Information (if represented)
If a lawyer signs the petition, they enter their name, BBO number, firm, address, and phone. Pro se filers leave this section blank — not the petitioner’s information again. Writing your own name here makes you appear as your own attorney.
The misconception that filling this box gets you faster service is false; the registry treats pro se and represented filings identically at intake.
Three Filled-Out Examples Using Real Scenarios
Scenario A: Maria Lopez — Widow with Minor Child
Maria’s husband Robert died with a will naming her as personal representative. Their son is twelve, so a guardian ad litem will be needed.
| Form Section | What Maria Enters |
|---|---|
| Division | MIDDLESEX |
| 1. Decedent | Robert J. Lopez Sr., 04/02/2026, Cambridge, MA |
| 2. Domicile | 27 Hancock St, Cambridge, Middlesex County, MA 02139 |
| 3. Petitioner | Maria Lopez, spouse, same address |
| 4. Will/Type | Both boxes checked; Will dated 09/10/2020, no codicils |
| 5. Heirs/Devisees | Maria Lopez (spouse); Diego Lopez (son, minor, DOB 11/05/2013) |
| 6. Proposed PR | Maria Lopez, nominated in will, without surety |
| 7. Appointment | Unsupervised, sureties waived per will |
| 8. Estate Value | Personal $62,000; Real $540,000 |
| 9. Other Matters | None |
| 10. Relief | Allow will; appoint Maria Lopez PR; issue Letters of Authority |
Scenario B: Marcus Doyle — Adult Son, Intestate Estate
Marcus’s father died with no will. Marcus is the only child and his mother predeceased.
| Form Section | What Marcus Enters |
|---|---|
| Division | NORFOLK |
| 1. Decedent | Henry Doyle, 02/18/2026, Quincy, MA |
| 2. Domicile | 22 Pine Lane, Quincy, Norfolk County, MA 02169 |
| 3. Petitioner | Marcus Doyle, son, 22 Pine Lane, Quincy, MA |
| 4. Will/Type | Appointment of PR only; no will |
| 5. Heirs/Devisees | Marcus Doyle, son, sole heir at law |
| 6. Proposed PR | Marcus Doyle, priority under § 3-203(a)(4), with surety |
| 7. Appointment | Unsupervised, surety required |
| 8. Estate Value | Personal $31,500; Real $0 |
| 9. Other Matters | None |
| 10. Relief | Appoint Marcus Doyle PR; issue Letters of Authority |
Scenario C: Janet Yu — Contested Will, Long Marriage
Janet’s mother died with a will leaving the bulk to Janet, but a sibling has filed an informal petition. Janet now files a formal petition to override.
| Form Section | What Janet Enters |
|---|---|
| Division | SUFFOLK |
| 1. Decedent | Linda Yu, 01/29/2026, Boston, MA |
| 2. Domicile | 812 Tremont St, Boston, Suffolk County, MA 02118 |
| 3. Petitioner | Janet Yu, daughter, 14 Beacon Ct, Boston, MA |
| 4. Will/Type | Both; Will dated 06/15/2018; Codicil 03/02/2021 |
| 5. Heirs/Devisees | Janet Yu (daughter); Peter Yu (son); Boston Symphony (devisee) |
| 6. Proposed PR | Janet Yu, nominated in will, without surety |
| 7. Appointment | Supervised, given pending dispute |
| 8. Estate Value | Personal $215,000; Real $1,250,000 |
| 9. Other Matters | Suffolk Probate, Docket 26P0456EA, informal petition by Peter Yu |
| 10. Relief | Allow will and codicil; appoint Janet Yu PR; supervise administration |
How to File the Completed Form
You may file MPC 170 in person, by mail, or through eFileMA. Each channel has its own quirks.
In Person
Bring the signed original petition, the original will, the certified death certificate, MPC 470, MPC 801, MPC 481, and your filing fee to the Probate and Family Court division for your county. Hours are usually 8:30 a.m. to 4:30 p.m., Monday through Friday. The fee is $375 plus $15 surcharge plus $15 citation fee, payable by check, money order, or in some divisions by credit card.
The clerk time-stamps two copies — one for the file, one for you. Keep your stamped copy as your proof of filing; you will need it for any later motion.
By Mail
Mail the same packet to the registry’s mailing address, with a check for the filing fee made payable to Commonwealth of Massachusetts and a self-addressed stamped envelope so the registry can return your stamped copy. Use certified mail with return receipt, because the postmark establishes the filing date if the registry loses the packet. Processing typically takes seven to fourteen days from receipt.
Online via eFileMA
Register at eFileMA, select Probate and Family Court and your county, then upload the completed PDF along with all attachments. The portal accepts credit cards and ACH; the same $375 + $15 + $15 fees apply, plus a small Tyler service fee. The portal returns an envelope confirmation immediately and a clerk-accepted stamp within one to three business days.
You must still mail or hand-deliver the original will to the registry within seven days, because the original paper will is required by G.L. c. 190B § 2-516.
By Fax
Fax filing is not accepted for MPC 170. Do not attempt it.
What Happens After You File
After acceptance, the registry assigns a docket number, issues a Citation (MPC 555), and sets a return date typically thirty to sixty days out. You must publish the citation once in a local newspaper of general circulation and serve it by certified mail on every interested person at least fourteen days before the return date, per G.L. c. 190B § 1-401.
If no one objects by the return date, the court issues a Decree and Order allowing the will and appointing the PR. The PR then receives Letters of Authority, which are the official credentials banks and registries of deeds require to transfer assets. Letters typically issue within one to two weeks of the return date.
If someone objects by filing an Appearance and Objection (MPC 505), the case becomes contested. The court schedules a status conference, the parties exchange affidavits of objection, and the case may proceed to trial. Contested formal probates can take a year or more to resolve.
The PR then has a duty to inventory the estate within three months under G.L. c. 190B § 3-706, notify creditors, pay debts, file estate tax returns where required by Massachusetts DOR, and ultimately distribute the estate.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. The petition is transferred under Rule 9, adding weeks of delay.
- Using a photocopy of the death certificate. The registry will refuse the petition outright.
- Leaving the docket number blank? No — pre-filling it. Pre-filling causes the clerk to white it out.
- Using a nickname for the decedent. Mismatch with the death certificate triggers a hold.
- Listing the hospital as place of death. The form wants the city or town only.
- Forgetting an heir at law. Grounds for vacating the appointment under Rule 60(b).
- Skipping the military affidavit (MPC 481). The court cannot proceed under the SCRA without it.
- Underestimating estate value to lower the bond. This is a perjury exposure.
- Checking supervised unnecessarily. Locks the estate into court approval for every distribution.
- Writing a P.O. Box as domicile. Domicile must be a physical address.
- Filing without the original will. Copies trigger a Lost Will petition instead.
- Forgetting to date the signature. Voids the verification.
- Paying the wrong fee. The registry rejects underpaid petitions and returns the check.
- Failing to publish the citation. The court will continue the return date and you start over.
Dos and Don’ts
- Do download the form fresh from Mass.gov each time, because revisions are silent.
- Do match every name to the death certificate exactly, because MassCourts cross-checks names.
- Do include MPC 470, MPC 481, and MPC 801 in the same packet, because they travel together.
- Do keep a stamped copy of everything, because losing proof of filing means restarting.
- Do confirm the decedent’s domicile against tax filings, because that is what controls venue.
-
Do call the Court Service Center if a field is unclear, because they can explain procedure (not strategy).
-
Don’t staple the original will, because the registry scans page-by-page.
- Don’t sign in blue ink if filing by eFileMA, because dark scans cause OCR errors; black ink is safer.
- Don’t fax the petition, because fax filing is not accepted.
- Don’t skip the surety waiver language quote, because the bond clerk needs the exact wording.
- Don’t list devisees only, because heirs at law must always be listed even when a will exists.
- Don’t forget to include phone numbers, because the registry calls petitioners about defects.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se | Filing with an Attorney |
|---|---|
| Saves $2,000–$6,000 in legal fees on a routine estate. | Catches drafting errors that void the verification. |
| Forces you to read the MUPC, which helps you understand the estate. | Handles citation publication and service for you. |
| Lets you control the timeline directly. | Knows the local clerk’s preferences in each division. |
| Works well for simple, uncontested estates. | Necessary if the will is contested or heirs are hostile. |
| Free or low-cost help is available at Court Service Centers. | Can negotiate with creditors and tax authorities on your behalf. |
| Filing on Paper | Filing via eFileMA |
|---|---|
| Same-day stamped copy in hand. | Immediate envelope confirmation by email. |
| No portal account or learning curve. | No trip to the courthouse. |
| Easier when you have the original will to deposit anyway. | Works after hours and on weekends. |
| No Tyler convenience fee. | Tracks every filing in one dashboard. |
| Better for complex packets with many attachments. | Faster for solo amendments or supplemental filings. |
Key Entities That Interact with MPC 170
The Probate and Family Court is the court of jurisdiction. The Massachusetts Department of Revenue handles estate tax. The Registry of Deeds records real estate transfers from the estate. The MassHealth Estate Recovery Unit files claims when the decedent received long-term care benefits. The Social Security Administration and the Internal Revenue Service intersect for benefit terminations and final tax returns.
Each plays a distinct role: the court approves the PR, the DOR audits estate tax, the Registry transfers title, MassHealth recovers benefits paid, and federal agencies handle income and benefits.
Recap of Key Rulings and Standing Orders
In Estate of Slavin, 492 Mass. 1014 (2023), the Supreme Judicial Court emphasized that omission of an heir at law from MPC 170 is grounds to vacate the decree, even years later. Standing Order 3-17 requires strict name-matching with death certificates. Standing Order 2-21 authorizes /s/ electronic signatures only for eFileMA submissions.
These authorities tell us why the form’s small details matter: the case law treats MPC 170 as a jurisdictional document, and any defect becomes a basis to undo every later act of the PR.
FAQs
Do I file MPC 170 if the estate is small and uncontested?
No. Small uncontested estates usually qualify for voluntary administration or informal probate using MPC 150, which is faster and cheaper than formal probate.
Can I file MPC 170 if I am not named in the will?
Yes. Any interested person under G.L. c. 190B § 1-201, including heirs at law and creditors, may file a formal petition.
Do I write the city of death or the city of domicile in Box 2?
No city of death goes in Box 2. Box 2 is the decedent’s domicile — the true permanent home — which can differ from where the death occurred.
Do I list step-children as heirs in Box 5?
No. Step-children are not heirs at law unless legally adopted under G.L. c. 210; list them only if named as devisees in the will.
Can I leave the docket number line blank?
Yes. Always leave it blank; the registry assigns the docket number when the petition is accepted.
Do I attach a photocopy of the will?
No. The original will and original codicils must be filed; copies are accepted only with a separate Lost Will petition.
Is a notary required on the signature line?
No. The petition is signed under the pains and penalties of perjury per G.L. c. 268 § 1A, which substitutes for notarization.
Can I file MPC 170 by fax?
No. Fax filing is not accepted; use mail, in person, or eFileMA.
Do I need a bond if the will waives surety?
Yes, a bond is still filed on MPC 801, but the surety requirement is waived; the PR remains personally liable on the bond.
Can a non-Massachusetts resident serve as personal representative?
Yes. Out-of-state PRs can serve, but G.L. c. 190B § 3-602 requires them to consent to Massachusetts jurisdiction in writing.
Do I list pending civil lawsuits in Box 9?
Yes. Any pending action involving the decedent, including civil suits and out-of-state probate, must be listed in Box 9 to avoid dismissal.
Can both spouses’ names be listed if the petitioner is married?
No. Only the interested persons sign as petitioners; a non-interested spouse is not a petitioner and should not be listed in Box 3.
What is the deadline to file MPC 170 after death?
No filing more than three years after death is allowed for testacy under G.L. c. 190B § 3-108, with limited exceptions for late-discovered wills.
Is the filing fee refundable if my petition is rejected?
No. The $375 filing fee is generally not refunded; the surcharge and citation fee may be returned if the petition never docketed.
Related reading
- How to Fill Out Texas Application to Probate Will (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 162 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 240 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 401 (w/Examples) + FAQs
- How to Fill Out Maine Application for Informal Probate + FAQs
- How to Fill Out the Rhode Island Petition for Probate of Will (Form PC-1.5) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs