Massachusetts Form MPC 401 is the Petition for Formal Probate of Will and/or Appointment of Personal Representative that interested persons file with the Massachusetts Probate and Family Court to open a supervised or unsupervised formal probate case under the Massachusetts Uniform Probate Code (MUPC), G.L. c. 190B. It is the form you reach for when informal probate is not available, when the will is questioned, when heirs disagree, or when a judge’s order is needed to bind every interested party.
The Probate and Family Court processes tens of thousands of probate filings every year, and according to the Trial Court’s annual statistical reports referenced in the Trial Court Law Libraries probate guide, a meaningful share are returned for correction because of errors on the petition itself. Filing the wrong revision of the form, missing the citation return date, or skipping a required attachment can delay appointment by 30 to 90 days, freezing bank accounts and stalling real estate sales. This guide is built to keep you out of that pile.
- 📝 The exact line-by-line meaning of every box on the current MPC 401 (Rev. 7/2012, still active as of the version posted on the Probate and Family Court forms page)
- ⚖️ How MUPC rules on standing, priority, and notice shape what you write in each blank
- 🧾 The full pre-filing checklist of attachments, including MPC 150, MPC 470, MPC 162, the death certificate, and the military affidavit
- 💻 How to file through eFileMA, by mail, or in person at your county division
- 🛡️ The most common filer mistakes — bond election, supervised vs. unsupervised, interested persons list — and how to dodge each one
What the Form Is and Who Must File It
Form MPC 401 is the petition that starts a formal probate proceeding for a deceased Massachusetts resident or for a non-resident who owned Massachusetts property. Formal probate is a judicial proceeding before a judge, unlike informal probate (filed on MPC 150 — yes, the bond and the informal petition share the same MPC 150 number across two different uses, which trips up many filers). You use formal probate when the will is more than three years old, when there is no original will, when there are missing heirs, when paternity must be established, when a prior informal proceeding is challenged, or when you want a binding court order on the validity of the will under G.L. c. 190B § 3-401.
The agency that receives the petition is the Probate and Family Court division for the county where the decedent was domiciled at death. There are 14 divisions, including Suffolk Probate and Family Court, Middlesex Probate and Family Court, and Worcester Probate and Family Court. Each division applies the statewide MUPC Standing Order but may have local intake quirks.
People with priority to file are listed in G.L. c. 190B § 3-203. The named executor in the will has highest priority, followed by the surviving spouse who is a devisee, other devisees, the surviving spouse alone, other heirs, and finally any creditor 45 days after death. If you are not in the top tier, you must either get written assents from those with higher priority or explain in the petition why they are not acting.
Before You Start: Documents and Information You Need
Gathering the right paperwork before you open the form prevents the single biggest cause of rejection — incomplete attachments. Below is the pre-filing checklist; missing any one of these almost always triggers a “Notice of Informal/Formal Returned” letter from the Register, and you start over.
- Original signed will and any codicils. The court will not accept a photocopy unless you also file a Petition and Affidavit to Prove Lost Will (MPC 470A); without the original, you cannot proceed under standard formal probate.
- Certified copy of the death certificate. A photocopy is rejected; the Massachusetts Registry of Vital Records and Statistics issues certified copies, and you need one with a raised or color seal.
- Decedent’s full legal name, date of death, and last domicile. Domicile drives venue under G.L. c. 190B § 3-201; filing in the wrong county forces a transfer and a re-citation.
- Names, ages, and current addresses of every interested person. This means heirs at law (intestate takers), devisees under the will, and any person nominated in the will to serve. Missing one voids notice.
- MPC 470 — Surviving Spouse, Children, and Heirs at Law. This is its own attachment, not a section of the petition; download from the MUPC forms list.
- MPC 162 — Devisees (used when there is a will). Lists every person or entity named to take under the will.
- MPC 801 — Bond. The proposed personal representative must sign and, where required, get sureties; without a bond on file, no Letters issue.
- Proposed Personal Representative’s date of birth, address, and a $0–$5,000,000 estimate of estate value. The estate value drives bond amount and helps the court flag possible inventory issues later.
- Filing fee and surcharge. The combined fee for MPC 401 is currently $375 ($150 entry + $225 surcharge), per the Probate and Family Court fee schedule, plus $15 for each certified copy of Letters.
- Military Affidavit (if any interested person is on active duty), required by the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
Where to Get the Form and How to Access It
The official, current PDF lives on the Probate and Family Court’s MUPC forms page, filed under “MPC 401 — Petition for Formal Probate of Will and/or Appointment of Personal Representative.” The current revision in active use bears a revision date of 7/2012 stamped in the lower-left footer, with form-fillable fields that work in Adobe Acrobat Reader.
You can also pick up a paper copy at the front counter of any of the 14 county Probate and Family Court divisions. Free walk-in help with the form is available through the Court Service Centers located in Boston, Brockton, Fall River, Greenfield, Lawrence, Lowell, New Bedford, Springfield, and Worcester.
If you are e-filing, you upload the completed PDF directly through eFileMA, the statewide Tyler Technologies portal that the Massachusetts Trial Court eFiling page authorizes for probate matters. Make sure you keep the form’s interactive fields intact when you save; flattening the PDF before upload is fine, but printing and rescanning to PDF often degrades the OCR layer the clerk uses for indexing.
A common misconception is that older MPC 401 revisions still scan through the system. They do not. Clerks compare the footer revision date against the active version, and a stale form is rejected on intake review.
Step-by-Step: How to Fill Out MPC 401 Line by Line
The MPC 401 is a four-page petition organized into a caption, a numbered body of paragraphs, and a signature/verification block. Each H3 below tracks the exact label and box order on the current 7/2012 revision.
Caption: Court Division and Docket Number
The top band of page 1 asks for “The Trial Court / Probate and Family Court Department / ____ Division” and a Docket No. blank. The Division is the county where the decedent was domiciled. Leave Docket No. blank — the Register of Probate stamps that on intake.
To answer it, type the county name in all caps in the Division line, then leave Docket No. empty. Maria Lopez, whose father died at his home in Cambridge, writes “MIDDLESEX” in the Division line and leaves Docket No. blank.
A nuance: if the decedent died in a Massachusetts hospital but was domiciled out of state, you still file in the Massachusetts county where any real or tangible property sits, not where they died. The county of death is irrelevant to venue under G.L. c. 190B § 3-201.
A common mistake is writing the county where the decedent’s lawyer practices instead of where the decedent lived. The consequence is a venue transfer order that adds 4–8 weeks and forces re-publication of the citation. Many filers also assume “Division” means the courtroom session — it does not. It refers to the county-level Probate and Family Court division.
Estate of (Decedent’s Name)
This blank asks for the decedent’s full legal name as it appears on the death certificate. Write it in Last Name, First Name Middle Name format if your county uses that intake style; most divisions accept First Middle Last.
To answer it, copy the name letter-for-letter from the certified death certificate, including any suffix such as Jr., Sr., II, or III. Carlos Reyes Jr. on the certificate becomes Carlos Reyes Jr. on the petition.
A nuance: if the decedent used multiple names (a maiden name, a stage name, or a name shortened on tax returns), add an “a/k/a” line — for example, Janet Cohen a/k/a Janet Goldman. The court indexes the case under every a/k/a so creditors can find it.
The most common mistake is mismatching the petition’s name with the death certificate. The consequence is a clerk-issued correction notice that pauses the case until you file an amended petition. A misconception is that nicknames are fine; they are not, because real estate title searches run against the legal name only.
Date of Death
This box asks when the decedent died. Format is MM/DD/YYYY.
To answer it, copy the date directly from the certified death certificate, not from a memory or obituary. Maria Lopez writes 03/14/2026 because the certificate lists March 14, 2026 as the date of death.
A nuance: if the death certificate lists a “presumed” or “found” date because the body was discovered later, write the date the certificate states and attach a brief explanation as an addendum. The three-year MUPC ultimate time limit under G.L. c. 190B § 3-108 runs from this date.
A common mistake is using the date of the obituary or the funeral. The consequence is a statute-of-limitations problem if the real date pushes the case past the three-year mark, forcing you to file as a “late and limited” formal proceeding. A misconception is that the time of death matters — for MPC 401 purposes, only the calendar date does.
Domicile at Death
This box asks for the decedent’s permanent home — the place they intended to return to — at the moment of death. Domicile is a legal concept, not just the mailing address.
To answer it, list the full street address, city or town, county, state, and ZIP. Marcus Chen writes 47 Beacon Street, Boston, Suffolk County, MA 02108.
A nuance: a snowbird who spent winters in Florida but kept a Massachusetts driver’s license, voter registration, and primary doctor is domiciled in Massachusetts. Document the indicators if domicile is contested under G.L. c. 190B § 1-201.
The most common mistake is listing the nursing home address as domicile. The consequence is a venue fight if heirs claim the decedent never abandoned the prior home. A misconception is that domicile equals where the person was registered to vote — voting is one factor, not the only one.
Paragraph 1: Petitioner Information
Paragraph 1 asks each petitioner to list their name, address, and relationship to the decedent or interest in the estate.
To answer it, type each petitioner’s full legal name, residential address (not a P.O. Box), and a short relationship phrase such as “named Personal Representative in the Will” or “surviving spouse and devisee.” Aisha Brown writes Aisha Brown, 12 Maple Lane, Newton, MA 02458, named Personal Representative in the Will dated 1/12/2024.
A nuance: if a petitioner is a corporate fiduciary like a bank trust department, list the entity’s full legal name, its principal Massachusetts office, and the name and title of the human authorized to act. P.O. Boxes alone are not accepted because the court must be able to serve papers.
The most common mistake is listing only the lead petitioner when two or more co-fiduciaries are nominated. The consequence is that the omitted person never gets appointed and any later act they take is voidable. A misconception is that a petitioner must be a Massachusetts resident — non-residents may serve, but a non-resident PR must appoint a Massachusetts resident agent under G.L. c. 190B § 3-602.
Paragraph 2: Decedent’s Information and Heirs/Devisees
Paragraph 2 asks you to confirm the decedent’s name, date and place of death, and to certify that an MPC 470 (and MPC 162 if there is a will) is attached listing all heirs and devisees.
To answer it, fill in the decedent’s name and death details again, then check the box confirming attachment of MPC 470 and (if applicable) MPC 162. Janet Goldman checks both boxes and staples MPC 470 and MPC 162 behind the petition.
A nuance: heirs at law are determined under G.L. c. 190B § 2-103, even when there is a will, because they have standing to object. List them all, including those disinherited by the will.
The most common mistake is omitting estranged or unknown children. The consequence is that the court may later void the appointment for defective notice. A misconception is that adopted-out biological children are not heirs — they generally are not heirs of the biological parent, but stepchildren never inherit by intestacy unless legally adopted.
Paragraph 3: The Will
Paragraph 3 asks whether the decedent left a will, the date of the will, and the dates of any codicils.
To answer it, check “the decedent died testate” if there is a will, then enter the will’s date as MM/DD/YYYY and list each codicil’s date on its own line. Marcus Chen writes Will dated 06/15/2019, Codicil dated 02/02/2023.
A nuance: a “self-proving affidavit” attached to the will (signed by witnesses before a notary) eliminates the need to bring witnesses to court. If the will lacks one, you may need an affidavit of an attesting witness on MPC 805.
The most common mistake is filing a holographic (handwritten, unwitnessed) will. The consequence is that Massachusetts does not recognize holographic wills under G.L. c. 190B § 2-502, and the petition will be denied as testate. A misconception is that a notary substitutes for the two required witnesses — it does not.
Paragraph 4: Type of Appointment Requested
Paragraph 4 asks you to select supervised or unsupervised administration and to identify the proposed Personal Representative.
To answer it, check one of the boxes — “Formal Probate of Will” or “Formal Probate of Will and Appointment of Personal Representative” or “Appointment of Personal Representative” — and either “supervised” or “unsupervised.” Maria Lopez checks “Formal Probate of Will and Appointment of Personal Representative” and “unsupervised,” then writes Maria Lopez, 88 Oak Ave, Somerville, MA 02144 as the proposed PR.
A nuance: supervised administration under G.L. c. 190B § 3-501 requires court approval for every distribution and is appropriate for contested estates or when minors take large shares.
The most common mistake is checking “supervised” by default to feel safer; the consequence is that every check the PR writes needs a court order, which can stretch a simple estate into a multi-year case. A misconception is that unsupervised means “no court oversight at all” — interested persons can still petition for review at any time.
Paragraph 5: Bond and Sureties
Paragraph 5 asks whether the proposed PR will file a bond with or without sureties, and whether sureties are waived in the will.
To answer it, check the appropriate box and write the bond penal sum (usually equal to the estimated estate value plus one year of expected income). Aisha Brown checks “with sureties” and writes $450,000 as the penal sum because the estate holds a $400,000 house and $50,000 in cash.
A nuance: many wills contain a clause waiving sureties; quote that clause in the petition or attach the will page. Without an express waiver, sureties are required for non-resident PRs and for any estate with minor beneficiaries.
The most common mistake is leaving the penal sum blank. The consequence is that no Letters issue because the bond is unenforceable. A misconception is that “with personal sureties” means the PR is personally on the hook only — the PR is always personally liable; sureties add backup.
Paragraph 6: Prior Proceedings
Paragraph 6 asks whether any prior probate proceeding has been filed for this decedent in Massachusetts or elsewhere.
To answer it, check “no” if none, or “yes” and identify the court, docket number, and outcome. Carlos Reyes Jr. checks “no” because no informal petition was ever filed for his father.
A nuance: a prior informal proceeding under MPC 150 does not bar a later formal petition; you simply identify it so the court can consolidate.
The most common mistake is forgetting an out-of-state ancillary proceeding. The consequence is conflicting orders and possible removal of the PR. A misconception is that a prior small-estate voluntary administration counts as “prior probate” — it does not for this paragraph, but disclose it anyway.
Paragraph 7: Citation and Notice
Paragraph 7 asks the court to issue a citation and tells the court who must be served.
To answer it, list each interested person again with current address, and indicate whether you will publish in a designated newspaper. Janet Goldman lists three siblings and one nephew, then names the Boston Herald as the publication paper.
A nuance: the citation return date is set by the Register, typically 6–8 weeks out. Publication must occur at least seven days before the return date under the MUPC Standing Order.
The most common mistake is failing to publish on time. The consequence is that the citation is “blown” and you pay to republish, plus you wait another return cycle. A misconception is that email or text notice substitutes for publication — it does not, although it can supplement.
Verification and Signature
The bottom of page 4 contains a “Signed under the penalties of perjury” verification.
To answer it, each petitioner signs and dates the line; print the name beneath. Marcus Chen signs Marcus Chen, dates 04/02/2026, and prints Marcus Chen below.
A nuance: an attorney filing on behalf of the petitioner signs a separate appearance line and lists their BBO number. The petitioner still must sign the verification personally.
The most common mistake is using an electronic typed signature where a wet signature is required. The consequence is rejection at intake — eFileMA accepts /s/ signatures only when the underlying document is verified under oath, and many divisions still want a wet original on file. A misconception is that a notary is required — the verification under penalties of perjury substitutes for a notary on this form.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez, Named Executor With a Will
Maria’s father died in Cambridge with a 2019 will naming her as executor. The estate is $600,000 in a house and brokerage accounts.
| Form Section | What Maria Enters |
|---|---|
| Division | MIDDLESEX |
| Estate of | Antonio Lopez |
| Date of Death | 03/14/2026 |
| Domicile | 22 Brattle St, Cambridge, Middlesex County, MA 02138 |
| Petitioner (¶1) | Maria Lopez, 88 Oak Ave, Somerville, MA 02144, named Personal Representative in the Will |
| Will Date (¶3) | Will dated 11/04/2019 |
| Type of Appointment (¶4) | Formal Probate of Will and Appointment of PR, unsupervised |
| Bond (¶5) | With sureties waived by will, penal sum $625,000 |
| Prior Proceedings (¶6) | None |
| Verification | Signed Maria Lopez, 04/02/2026 |
Scenario 2: Aisha Brown, Surviving Spouse With No Will
Aisha’s husband died intestate in Brockton, leaving a $400,000 home and $50,000 cash. They have two minor children.
| Form Section | What Aisha Enters |
|---|---|
| Division | PLYMOUTH |
| Estate of | Daniel Brown |
| Date of Death | 01/22/2026 |
| Domicile | 14 Cedar St, Brockton, Plymouth County, MA 02301 |
| Petitioner (¶1) | Aisha Brown, surviving spouse, same address |
| Will Date (¶3) | Decedent died intestate — no will |
| Type of Appointment (¶4) | Appointment of PR, supervised (minors involved) |
| Bond (¶5) | With sureties, penal sum $475,000 |
| Heirs (MPC 470) | Aisha Brown, spouse; J.B. age 9; M.B. age 6 |
| Verification | Signed Aisha Brown, 02/15/2026 |
Scenario 3: Marcus Chen, Late-and-Limited Filing After Three Years
Marcus’s mother died in 2022; the family did not file probate until 2026 because no probate seemed needed until a forgotten brokerage account surfaced.
| Form Section | What Marcus Enters |
|---|---|
| Division | NORFOLK |
| Estate of | Linda Chen |
| Date of Death | 07/09/2022 |
| Domicile | 5 Pine Rd, Brookline, Norfolk County, MA 02446 |
| Petitioner (¶1) | Marcus Chen, son and devisee, 47 Beacon St, Boston, MA 02108 |
| Will Date (¶3) | Will dated 06/15/2019 |
| Type of Appointment (¶4) | Late and Limited Formal Probate under § 3-108, unsupervised |
| Bond (¶5) | Without sureties, penal sum $120,000 (asset value of brokerage only) |
| Prior Proceedings (¶6) | None |
| Verification | Signed Marcus Chen, 05/01/2026 |
How to File the Completed Form
You may file MPC 401 through three channels, and the rules differ slightly for each. Most counties strongly prefer eFileMA for represented parties and now route most pro se filings through the same portal.
- eFileMA online portal. Upload the petition, MPC 470, MPC 162 (if applicable), the original will (you must also mail or hand-deliver the original within 7 days), the death certificate, and the bond. Pay the $375 fee plus the eFileMA convenience fee by credit card or e-check at eFileMA payment. Processing time is 3–10 business days for review. Save the email confirmation as proof of filing.
- By mail. Mail the original petition and attachments to the Register of Probate at the county Probate and Family Court division, along with a check for $375 made payable to “Commonwealth of Massachusetts.” Mail processing runs 2–4 weeks. Use certified mail with return receipt as proof.
- In person. Walk into the county division’s Register of Probate counter during business hours (typically 8:30 a.m. to 4:30 p.m.). Pay by cash, check, money order, or credit card; counters issue a date-stamped receipt as proof of filing on the spot.
The fee schedule on the Probate and Family Court fee page lists the $150 entry fee, $225 surcharge, and $15 per certified copy of Letters of Authority. Indigent filers may file an Affidavit of Indigency to waive the fee.
What Happens After You File
After intake, the Register of Probate stamps a docket number, issues a citation, and sets a return date typically 6–8 weeks out. The citation must be served on every interested person at least 14 days before the return date by hand, certified mail, or, where ordered, by publication in a designated newspaper at least 7 days before the return date.
If no objection or appearance is filed by the return date, the case is forwarded to a judge for “decree without hearing.” The judge signs the decree, the Register issues Letters of Authority, and the PR can begin acting — opening estate accounts, paying creditors, and ultimately filing an Inventory within 90 days of appointment under G.L. c. 190B § 3-706.
If an interested person files an appearance and objection, the case moves to a pretrial conference, then potentially to a contested hearing or trial. Will contests under G.L. c. 190B § 3-407 place the burden on the proponent to prove due execution, then shift to the contestant to prove undue influence, lack of capacity, or fraud.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Venue must match domicile; a wrong-county filing forces transfer and re-citation, adding 4–8 weeks.
- Listing the nursing home as domicile. The court may treat the prior home as domicile, voiding venue.
- Omitting an estranged child or unknown heir. Defective notice can void the appointment later.
- Using a photocopy of the will. Only the original is accepted absent a Lost Will petition.
- Using a photocopy of the death certificate. Certified copies only; photocopies are rejected at intake.
- Leaving Docket No. filled in or guessed. Only the Register assigns it; a wrong number confuses indexing.
- Forgetting to attach MPC 470 or MPC 162. Petitions without these are returned uncorrected.
- Mismatching the decedent’s name with the death certificate. Triggers an amendment cycle that delays appointment.
- Leaving the bond penal sum blank. No Letters issue without an enforceable bond.
- Checking “supervised” by default. Forces court approval of every check, dragging out a simple estate.
- Missing the citation publication deadline. The blown citation must be republished, costing more time and money.
- Using a holographic or unwitnessed will. Massachusetts does not recognize holographic wills.
Do’s and Don’ts
- Do verify the form revision date in the footer matches the current MUPC forms list, because clerks reject stale revisions on sight.
- Do copy the decedent’s name letter-for-letter from the certified death certificate, because mismatches stall the case.
- Do list every interested person on MPC 470, even those disinherited, because they have standing to be heard.
- Do estimate estate value generously when setting the bond penal sum, because under-bonding triggers a motion to increase.
- Do keep proof of filing (eFileMA email, certified mail receipt, or counter-stamped copy), because you may need it to prove timeliness.
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Do request multiple certified copies of Letters at the time of appointment, because banks and registries will not accept photocopies.
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Don’t file MPC 401 when informal probate would work, because formal probate is slower and more expensive.
- Don’t rely on email or text to substitute for citation publication, because the MUPC Standing Order requires formal notice.
- Don’t skip the military affidavit when an heir’s status is unknown, because a default against an active-duty servicemember is voidable under federal law.
- Don’t sign the verification before the form is fully complete, because edits after signature invalidate the verification.
- Don’t send the original will by regular mail without tracking, because a lost original triggers a costly Lost Will petition.
- Don’t assume “unsupervised” means no oversight, because any interested person can demand court review at any time.
Pros and Cons of Filing on Your Own vs. With Help
- Pro (pro se): No attorney fees, which can save $3,000–$10,000 on a simple estate.
- Pro (pro se): Free walk-in help is available at any Court Service Center.
- Pro (pro se): You stay in direct contact with the Register, which speeds up minor corrections.
- Pro (pro se): Online forms and the MassLegalHelp probate guide provide plain-language walkthroughs.
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Pro (pro se): Learning the process gives you control over later filings (Inventory, Account, Closing Statement).
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Con (pro se): A single missed citation deadline can blow 6–8 weeks.
- Con (pro se): Bond and sureties rules confuse most non-lawyers, leading to rejected filings.
- Con (pro se): Will contests almost always require counsel, because the burden-shifting rules are technical.
- Con (pro se): Tax issues, especially the Massachusetts estate tax under G.L. c. 65C, are easy to miss without professional help.
- Con (pro se): The PR is personally liable for mistakes; an attorney’s malpractice insurance can backstop errors.
Formal vs. Informal Probate at a Glance
| Feature | Formal (MPC 401) |
|---|---|
| Filed With | Probate and Family Court judge |
| Trigger | Will contest, late filing, missing original, unknown heirs |
| Notice | Citation + publication, 14-day service |
| Speed | 6–12 weeks minimum |
| Cost | $375 + publication fee |
| Binding Effect | Final judgment binds all interested persons |
| Bond | Often required with sureties |
| Best For | Contested or complex estates |
FAQs
Do I need to file MPC 401 if there is no will?
Yes. You file MPC 401 when intestate administration needs a judicial order, such as when heirs are unknown, contested, or include minors who require supervised administration.
Can I file MPC 401 more than three years after death?
Yes. You may file a “late and limited” formal proceeding under G.L. c. 190B § 3-108, but the PR’s powers are limited to confirming title and distributing specific assets.
Is the original will required, or will a copy do?
No. A copy alone is not enough; you must file the original signed will, or file a separate Petition and Affidavit to Prove Lost Will (MPC 470A) explaining what happened to the original.
Do I write the decedent’s nickname in the “Estate of” box?
No. Use the full legal name from the certified death certificate; add “a/k/a” lines for other names so the court indexes every variation.
Should I check supervised or unsupervised in Paragraph 4?
No. Do not default to supervised. Choose unsupervised unless the estate has minors, contested heirs, or a will challenge that demands court oversight at every step.
Do I list disinherited heirs on MPC 470?
Yes. Heirs at law are listed regardless of whether the will gives them anything, because they have standing to object to probate of the will.
Is a notary required on the verification?
No. The verification is signed under the penalties of perjury, which Massachusetts treats as the legal equivalent of a notarized oath for this form.
Can I file MPC 401 for a non-resident decedent who owned a Massachusetts vacation home?
Yes. Ancillary formal probate is filed in the county where the Massachusetts property sits, and the petition still uses MPC 401.
Do I need to publish the citation in a newspaper?
Yes. Publication is required when an interested person cannot be served personally or by certified mail, and the Register designates the paper and the deadline.
Should the bond penal sum equal the estate’s exact value?
No. Set it slightly above the estimated estate value plus one year of expected income to cover unexpected assets and avoid a motion to increase.
Is there a fee waiver for low-income filers?
Yes. Filing an Affidavit of Indigency on the court’s standard form waives the $375 filing fee for petitioners who meet the income guidelines.
Do I need a lawyer to file MPC 401?
No. Pro se filing is allowed and common, but contested cases, tax-heavy estates, and will contests strongly benefit from counsel because of the technical burden-shifting rules.
Can a non-resident serve as Personal Representative?
Yes. A non-resident PR may serve, but must appoint a resident agent for service of process and usually must post a bond with sureties.
What happens if I forget to attach MPC 162?
No. The petition will not move forward; the Register returns it with a correction notice, and the case stalls until you re-file with MPC 162 attached.
Related reading
- How to Fill Out Texas Application to Probate Will (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 160 (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 240 (w/Examples) + FAQs
- How to Fill Out Washington Form PRO 07 (w/Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs