Massachusetts Form MPC 470 is the Bond form that every personal representative, guardian, conservator, or trustee files with the Massachusetts Probate and Family Court before the court will issue Letters of Authority under the Massachusetts Uniform Probate Code (G.L. c. 190B). The form is the fiduciary’s written promise — backed either by personal liability or by sureties — to faithfully perform the duties of the appointment and to pay damages if they breach those duties.
Filing the wrong bond amount, missing the surety justification under MPC 471, or forgetting to sign before the magistrate stalls the entire estate or guardianship case, sometimes for weeks. According to the Massachusetts Trial Court annual statistics, the Probate and Family Court receives more than 50,000 estate filings each year, and bond defects are among the top three reasons Letters get held at the Registry of Probate counter.
- 📝 How to read every box on MPC 470 line by line, including the penal sum, sureties, and acknowledgment block.
- 💰 How to calculate the correct bond penal sum using the MUPC formula in G.L. c. 190B § 3-604.
- 👥 How to pick between a bond with sureties, a surety company bond, and a bond without sureties.
- 🏛 How to file at the Registry of Probate counter, by mail, or through Odyssey File & Serve when e-filing is available.
- ⚠ The most common mistakes filers make on MPC 470 and how each one delays Letters.
What Form MPC 470 Is and Who Must File It
Form MPC 470, titled simply Bond, is the official Probate and Family Court bond form used in every formal and informal proceeding where a fiduciary is appointed. The form covers personal representatives in decedents’ estates, guardians of minors and incapacitated adults, conservators of protected persons, and successor or special fiduciaries. The court will not issue Letters of Authority on Form MPC 801 until a properly executed MPC 470 is on file with the Registry of Probate in the correct county.
The bond is rooted in G.L. c. 190B Article V, Part 4 for guardians and conservators and Article III, Part 6 for personal representatives. The statute requires the fiduciary to promise that they will obey court orders, file inventories and accounts on time, and pay over any funds when the appointment ends. The plain-English meaning is that MPC 470 is the legal IOU that lets the court take action against the fiduciary and any sureties if money disappears or paperwork is ignored.
Three groups must always file MPC 470. First, every personal representative under informal or formal probate, even when the will waives sureties, must still file the bond itself. Second, every guardian or conservator appointed under a Petition for Guardianship of a Minor (MPC 110) or a Petition for Appointment of Conservator must file MPC 470 with the appropriate sureties. Third, successor or special personal representatives stepping in mid-case must file a fresh MPC 470, even when the original fiduciary already filed one.
A common misconception is that a will’s waiver of sureties clause excuses the bond entirely. It does not. The waiver only removes the requirement of co-signers or a corporate surety; the principal fiduciary still signs MPC 470 and remains personally liable for the full penal sum.
Before You Start: Documents and Information You Need
Gather every piece of paperwork before you open the PDF, because MPC 470 cross-references several other filings and missing data forces a second trip to the Registry. The Probate and Family Court counter staff cannot give legal advice, and they will reject incomplete bonds without explanation beyond a checked box on a rejection slip. Use the checklist below as a pre-flight inspection.
- Decedent’s or protected person’s full legal name as it appears on the death certificate or petition, because the bond caption must match the case caption exactly.
- Docket number assigned by the Registry of Probate when the petition was filed, since the bond must be tied to a specific case file.
- County of filing (one of the 14 Massachusetts counties), because each Registry maintains its own bond ledger.
- Penal sum calculation worksheet showing personal property value plus one year of expected income, used to set the bond amount under G.L. c. 190B § 3-604.
- Inventory or asset estimate (real estate, bank accounts, vehicles, investment accounts) so you can defend the penal sum if the magistrate questions it.
- Surety information — full legal names, addresses, and net worth statements for personal sureties, or the certificate of authority and power of attorney for a corporate surety such as those listed by the Massachusetts Division of Insurance.
- Government-issued photo ID for the principal and each surety, required for the acknowledgment before the magistrate or notary.
- Copy of the will or appointment order, since the bond’s recital block must reference the underlying petition or decree.
- Filing fee or fee waiver affidavit — the bond itself carries no fee, but the underlying petition does, and unpaid fees freeze the bond.
- MPC 471 Surety’s Justification if you are using personal (non-corporate) sureties, because MPC 470 is incomplete without it.
If any one of these items is missing, the Registry will hold the bond and refuse to release Letters. Holding Letters means the fiduciary cannot access bank accounts, sell property, or sign tax returns, and that delay often causes late fees on the decedent’s bills.
Where to Get the Form and How to Access It
The official PDF lives on the Probate and Family Court bonds and letters forms page, which the Massachusetts Trial Court updates whenever the MUPC rules change. Always download a fresh copy rather than reusing an old PDF, because revision dates printed in the lower-left corner of the form change the field labels from year to year. The current revision is printed on the bottom of page 1 in the format MPC 470 (rev. MM/YYYY); cite that exact date in any cover letter.
You can also pick up a paper copy at any of the 14 county Registries of Probate. Counter staff hand them out at no cost, and most counters keep a sample completed copy taped to the wall for reference. If you have a disability that prevents you from using the standard PDF, contact the Trial Court ADA Coordinator to request an accessible alternate format.
For lawyers and self-represented filers using e-filing, MPC 470 is uploaded as a PDF attachment inside the Odyssey File & Serve portal. Not every county accepts e-filed bonds yet, because the original ink signatures and acknowledgments must reach the Registry; check the Trial Court e-filing rollout list before you assume the case allows it. When in doubt, file the original paper bond and keep a stamped copy.
A common misconception is that any bond template will do. It will not. The Registry rejects non-MPC bond forms on sight, because the Probate Court Rules require the Trial Court’s official version with the correct revision date.
Step-by-Step: How to Fill Out MPC 470 Line by Line
The form is two pages. Page 1 contains the caption, the recital, the penal sum, the conditions, and the principal’s signature. Page 2 contains the surety signatures, the magistrate’s approval, and the Register’s acceptance. Work top to bottom and never skip a field, even if it looks decorative.
H3 — Court Department and Division (Caption)
The top caption asks you to identify the court, the division, and the docket number. In plain English, this tells the clerk which case file the bond belongs in. Write The Trial Court, Probate and Family Court Department, then the county division (for example Middlesex Division), then the docket number in the format 25P1234EA for an estate case or 25P1234GD for a guardianship.
For example, Maria Lopez opens a Middlesex County estate for her late father and writes Middlesex Division and 25P0987EA in the caption. A nuance arises when the petition is filed in a different county than where the decedent died; use the county where the petition is docketed, not the county of death. The most common mistake is leaving the docket number blank because you printed the bond before filing the petition; the Registry will reject the bond and force a re-print. A misconception is that the docket number is the same as the certificate of death number — it is not, and using the wrong number creates a phantom case.
H3 — In the Estate of / In the Matter of (Recital Line)
This line names the decedent, minor, or protected person whose estate or affairs the fiduciary will manage. Write the full legal name in ALL CAPS exactly as it appears on the death certificate, birth certificate, or petition. Add Date of Death: MM/DD/YYYY for an estate, or Date of Birth: MM/DD/YYYY for a guardianship or conservatorship.
For example, JAMES R. LOPEZ, Date of Death: 03/14/2026 fills the recital for Maria’s father. A nuance is that nicknames and “AKA” names belong on the petition, not the bond; the bond must mirror the legal name only. The most common mistake is using a nickname like Jim Lopez, which causes the bond caption to mismatch the petition and the magistrate to refuse approval. A misconception is that a married name overrides a maiden name on a death certificate; whichever name is on the certificate controls the bond.
H3 — Principal’s Name and Address
The principal is the fiduciary giving the bond. Enter the full legal name, residential address (no P.O. boxes), city, state, and ZIP. The address must match the petitioner’s address on file because the court mails notices and orders to that address.
For example, Maria writes Maria E. Lopez, 42 Beacon Street, Cambridge, MA 02138. A nuance is that out-of-state fiduciaries must list a Massachusetts agent for service of process under G.L. c. 190B § 3-602; attach the agent appointment as a separate sheet. The most common mistake is using a P.O. box, which the magistrate strikes through. A misconception is that two co-fiduciaries share one signature line; each principal needs their own name, address, and signature on the bond.
H3 — Penal Sum (Bond Amount)
The penal sum is the dollar amount the principal (and sureties) promise to pay if they breach the bond. Write the amount in both words and figures, for example Two Hundred Fifty Thousand Dollars ($250,000.00). Compute the sum as the value of personal property plus one year’s expected income from the estate, rounded up to the nearest thousand, unless the court orders a different amount.
For example, Maria’s father had $180,000 in bank accounts and an expected $20,000 in pension arrears, so Maria writes $200,000.00. A nuance is that real estate is excluded from the penal sum unless the will or court order grants the personal representative a power of sale, in which case the equity is added in. The most common mistake is including the gross value of the home and inflating the bond to a level that triggers a corporate-surety requirement. A misconception is that the penal sum equals the inheritance tax — it does not; it is a liability cap, not a tax base.
H3 — Type of Bond (With Sureties / Without Sureties / Corporate Surety)
MPC 470 contains three checkboxes that determine which signature blocks you must complete on page 2. Check exactly one. With sureties means two solvent individual co-signers; Without sureties means the principal alone, allowed only when the will waives sureties, all interested persons assent, or the court orders it; Corporate surety means a licensed surety company signs through an attorney-in-fact.
For example, Carlos Rivera, appointed conservator for his mother, checks With sureties and lines up his sister and uncle as co-signers. A nuance is that even when sureties are waived, the petitioner must file a Bond Without Sureties form (MPC 472) or the assents of all interested persons. The most common mistake is checking Without sureties without attaching the will’s waiver clause or the assents, which causes the magistrate to deny approval. A misconception is that “without sureties” means “without bond”; the principal is still personally liable for the full penal sum.
H3 — Conditions of the Bond (Recital Paragraph)
The body of the bond states the conditions: file an inventory, file accounts, obey court orders, and pay over funds at the close of administration. The form’s pre-printed language tracks G.L. c. 190B § 3-606; do not alter it. Read each condition aloud before signing so you understand the duties you are accepting.
For example, Aisha Brown, a personal representative, initials each condition on the courthouse counter copy to confirm she has read them. A nuance is that for guardianships of minors, the conditions also include filing a Care Plan (MPC 821) annually. The most common mistake is striking through a condition you “don’t think applies”; any alteration voids the bond. A misconception is that the conditions are negotiable; they are statutory and cannot be edited.
H3 — Principal’s Signature and Date
The principal signs in blue or black ink on the signature line at the bottom of page 1 and dates the line next to it. The date must be on or after the date the petition was filed and on or before the date the magistrate approves the bond.
For example, Maria signs Maria E. Lopez and dates the bond 04/02/2026. A nuance is that co-fiduciaries each sign on their own line; if there is no second line, attach a continuation sheet labeled MPC 470 — Continuation. The most common mistake is signing in pencil or with an electronic signature on a paper filing, which the Registry rejects under Probate Court Rule 4. A misconception is that a power-of-attorney holder can sign for the principal; only the appointed fiduciary may sign the bond.
H3 — Surety Signatures and Addresses (Page 2)
Each surety signs, prints their name, and writes their full residential address. Two personal sureties are required when With sureties is checked, unless a single corporate surety is used. Personal sureties must each show net worth at least equal to the full penal sum, justified on Form MPC 471.
For example, Carlos’s sister Lucia Rivera signs as the first surety and writes 15 Main Street, Lowell, MA 01852. A nuance is that a corporate surety signs through an attorney-in-fact, attaches a current power of attorney, and prints the surety company’s NAIC number. The most common mistake is using a surety who lives outside Massachusetts without filing a consent to jurisdiction, which the magistrate will reject. A misconception is that the surety’s spouse must also sign; only the surety of record signs unless they hold the assets jointly and the magistrate requests it.
H3 — Acknowledgment / Justification Block
Every signer (principal and sureties) must acknowledge the bond before a magistrate, notary public, or justice of the peace. The block records the date, the county where signed, and the official’s name, title, and commission expiration. Personal sureties also justify by signing MPC 471 under oath.
For example, Marcus Webb, a notary public, completes the block as Commonwealth of Massachusetts, County of Suffolk, on 04/02/2026, before me personally appeared Maria E. Lopez …. A nuance is that a remote online notarization under G.L. c. 222 § 26 is allowed only if the notary follows the Secretary of the Commonwealth’s RON procedures and prints the certificate. The most common mistake is having the notary sign without filling in the commission expiration, which voids the acknowledgment. A misconception is that any out-of-state notarization works automatically; it must comply with G.L. c. 222 § 17 and include an authentication if required by the Registry.
H3 — Magistrate’s Approval
The Register of Probate or Assistant Register signs the Approved line on page 2, sets the penal sum, and dates the approval. This is the moment the bond becomes effective. Filers do not complete this block; the magistrate does it at the counter.
For example, Assistant Register Janet Cho writes Approved at $200,000.00 on 04/02/2026 in Maria’s case. A nuance is that the magistrate may raise the penal sum if the inventory estimate looks too low and may require sureties even if the will waives them, under G.L. c. 190B § 3-605. The most common mistake is treating the magistrate’s penciled note as final; only the signed approval block counts. A misconception is that the magistrate must accept the petitioner’s number; the magistrate has discretion to set a higher penal sum.
H3 — Filing Stamp and Register’s Acceptance
The Registry of Probate stamps the bond with the date and time of filing and enters it on the docket. The clerk staples the bond to the case file behind the petition and in front of the Letters. Ask for a stamped copy for your records before you leave the counter.
For example, the Middlesex Probate Registry stamps Maria’s bond 04/02/2026 11:14 AM. A nuance is that mailed bonds are stamped on the date received, not the date mailed; the postmark does not control. The most common mistake is leaving without a stamped copy, which makes it impossible to prove the filing date if the original is lost. A misconception is that the docket entry is automatic the same day; in busy counties it can take 48 hours to appear in eAccess.
Three Filled-Out Examples Using Real Scenarios
The three scenarios below show how three different filers move through MPC 470 from caption to acceptance stamp. Each is based on a typical Probate and Family Court fact pattern.
Scenario 1 — Maria Lopez, Personal Representative, Will Waives Sureties
Maria is the named personal representative under her father’s will, which contains a waiver of sureties clause. The estate has $200,000 in personal property and no real estate.
| Form Section | What Maria Enters |
|---|---|
| Court / Division | The Trial Court, Probate and Family Court Department, Middlesex Division |
| Docket Number | 25P0987EA |
| In the Estate of | JAMES R. LOPEZ, Date of Death: 03/14/2026 |
| Principal Name and Address | Maria E. Lopez, 42 Beacon Street, Cambridge, MA 02138 |
| Type of Bond | Without sureties (will waiver attached) |
| Penal Sum | Two Hundred Thousand Dollars ($200,000.00) |
| Conditions | Pre-printed conditions left intact |
| Principal Signature / Date | Maria E. Lopez, 04/02/2026 |
| Acknowledgment | Notarized by Marcus Webb, Notary, commission expires 11/30/2028 |
| Magistrate’s Approval | Approved at $200,000.00, 04/02/2026, Asst. Register Janet Cho |
Scenario 2 — Carlos Rivera, Conservator with Two Personal Sureties
Carlos is appointed conservator for his mother, who owns $400,000 in personal property and earns $30,000 a year in pension income. The court orders sureties.
| Form Section | What Carlos Enters |
|---|---|
| Court / Division | Probate and Family Court, Essex Division |
| Docket Number | 25P2233PM |
| In the Matter of | ELENA RIVERA, Date of Birth: 06/22/1948 |
| Principal Name and Address | Carlos M. Rivera, 88 Oak Street, Salem, MA 01970 |
| Type of Bond | With sureties |
| Penal Sum | Four Hundred Thirty Thousand Dollars ($430,000.00) |
| Surety 1 | Lucia Rivera, 15 Main Street, Lowell, MA 01852 (justified on MPC 471) |
| Surety 2 | Hector Rivera, 9 Pine Lane, Peabody, MA 01960 (justified on MPC 471) |
| Acknowledgment | Notarized by Susan Park, Justice of the Peace |
| Magistrate’s Approval | Approved at $430,000.00, 05/10/2026, Register T. Olson |
Scenario 3 — Aisha Brown, Guardian of a Minor with Corporate Surety
Aisha is appointed guardian of her 11-year-old niece, who inherited a $750,000 trust distribution. The court requires a corporate surety.
| Form Section | What Aisha Enters |
|---|---|
| Court / Division | Probate and Family Court, Suffolk Division |
| Docket Number | 25P0456GD |
| In the Matter of | NIA BROWN, Date of Birth: 09/03/2014 |
| Principal Name and Address | Aisha L. Brown, 250 Tremont Street, Boston, MA 02116 |
| Type of Bond | With corporate surety |
| Penal Sum | Seven Hundred Fifty Thousand Dollars ($750,000.00) |
| Corporate Surety | Liberty Bonding Co., NAIC 12345, by Atty-in-Fact Robert Yu |
| Power of Attorney | Attached, dated 04/15/2026 |
| Acknowledgment | Notarized by Linda Hayes, Notary, Suffolk County |
| Magistrate’s Approval | Approved at $750,000.00, 06/01/2026, Asst. Register P. Gomes |
How to File the Completed Form
You can file MPC 470 in person, by mail, or in some counties through e-filing, but every channel ends at the same place: the Registry of Probate in the county where the petition is docketed. Choose the channel that matches your timing needs and your access to the original signatures.
In person. Bring the original bond, MPC 471 (if applicable), MPC 472 (if applicable), photo ID, and the case file number to the Registry of Probate counter. There is no separate filing fee for the bond itself. The magistrate reviews and approves on the spot, and the Register issues Letters within minutes if the petition is otherwise complete. Keep the stamped copy as proof of filing.
By mail. Mail the original signed and acknowledged bond to the Registry’s mailing address listed on the court locations page. Use trackable mail such as USPS Certified or FedEx, because Registry intake mail is not logged the day it arrives. Processing takes 5–10 business days. Include a self-addressed stamped envelope for the stamped copy and Letters.
By fax. Most Registries do not accept faxed bonds because the original ink signatures and notary seals are required; check the Probate and Family Court rules before attempting. If allowed, follow up with the original by mail within 7 days.
By e-filing. In counties live on Odyssey File & Serve, upload a scanned PDF of the signed bond as an attachment to the petition envelope. The fee for the petition is paid online by credit card or e-check. The original paper bond must still reach the Registry within the period set by the local standing order, typically 7 days. Save the e-filing confirmation as proof.
A misconception is that the bond is “filed” the moment the principal signs. It is not; filing occurs when the Registry stamps it.
What Happens After You File
Once the magistrate approves the bond and the Register stamps it, the court issues Letters of Authority on Form MPC 801. The Letters are the document banks, brokers, and the Registry of Deeds rely on to recognize the fiduciary’s power to act. Order at least three certified copies for $5 each from the Registry; many institutions keep one and refuse to return it.
The bond stays on file for the life of the case and beyond. If the fiduciary breaches a duty — failing to file an inventory under G.L. c. 190B § 3-706, missing an annual account, or misappropriating funds — interested persons can petition the court to call on the bond. The court can enter judgment against the principal and any sureties up to the full penal sum.
Bond amounts can be modified mid-case. If new assets surface, the fiduciary must petition to increase the penal sum; if assets are sold and the case shrinks, the fiduciary can petition to decrease it. The petition is filed on a Motion to Modify Bond and decided by the magistrate, often without a hearing.
A misconception is that paying the inheritance distributions automatically discharges the bond. It does not; the fiduciary must file a final account, get it allowed, and obtain a discharge order before the bond is released.
Mistakes to Avoid When Filling Out the Form
The Registry rejects bonds for small reasons that have big consequences, because Letters cannot issue until the bond is clean. Avoid the ten errors below, each of which appears in the Probate and Family Court rejection log summaries every year.
- Leaving the docket number blank, which detaches the bond from the case file and forces a re-print.
- Using a nickname instead of the legal name in the recital, which breaks the chain of identity with the petition.
- Writing the penal sum in figures only, which violates the form’s words-and-figures requirement and voids the bond.
- Including real estate in the penal sum without a power of sale, which inflates the bond and may force a corporate surety the filer cannot afford.
- Checking Without sureties without attaching the will waiver or assents, which causes the magistrate to deny approval.
- Striking through a condition the filer thinks does not apply, which voids the entire bond under G.L. c. 190B § 3-606.
- Signing in pencil or with a digital signature on a paper bond, which the Registry rejects under Probate Court Rule 4.
- Missing the notary commission expiration date, which voids the acknowledgment and makes the bond unenforceable.
- Using out-of-state personal sureties without a consent to jurisdiction, which the magistrate will refuse.
- Forgetting to attach MPC 471 with personal sureties, which leaves the sureties unjustified and the bond incomplete.
Each mistake means another trip to the Registry, another notary appointment, and more days without Letters. Real-world consequence: bills go unpaid, accounts get frozen, and tenants of estate property can stop paying rent because no fiduciary is yet recognized.
Do’s and Don’ts
Use the list below as a final pass before you walk to the counter or drop the bond in the mail. Each line is short, but each why matters.
- Do download the latest revision from mass.gov every time you file, because the form changes.
- Do print the bond on plain white 8.5×11 paper, because the Registry scans bonds and colored paper does not scan cleanly.
- Do sign in blue or black ink, because pencil and other colors are rejected on sight.
- Do notarize all signatures the same day if possible, so the dates align with the magistrate’s approval.
- Do keep three stamped copies, because banks, brokers, and the Registry of Deeds each want one.
-
Do match the recital exactly to the petition caption, because mismatches stop Letters from issuing.
-
Don’t sign before you have the docket number, because an undated, undocketed bond cannot attach to a case.
- Don’t alter pre-printed bond conditions, because any change voids the bond.
- Don’t rely on a P.O. box address, because the magistrate will strike it.
- Don’t assume sureties are waived because of a will clause, because the magistrate can override the waiver.
- Don’t mail without tracking, because lost bonds restart the clock.
- Don’t wait until the Letters deadline to file, because surety justification can take days.
Pros and Cons of Filing on Your Own vs. With Help
Many estates and guardianships are simple enough to handle pro se, but bonds with sureties or large penal sums often justify hiring an attorney. Weigh the trade-offs below, then decide based on the size and complexity of your case.
Pros of filing on your own.
- Saves several hundred to several thousand dollars in attorney fees on a routine bond.
- Speeds up filing because you do not wait for an attorney’s calendar.
- Keeps you closer to the case details, which helps when the magistrate asks penal-sum questions.
- Builds familiarity with the Registry, which pays off if you also handle the inventory and accounts.
- Works well for small estates where the will waives sureties and the penal sum is modest.
Cons of filing on your own.
- Higher rejection risk because you may miss field-level requirements like MPC 471 attachment.
- No professional liability backstop if you misstate the penal sum and the bond is later called.
- Surety negotiations with corporate insurers can be confusing without counsel.
- You must read and understand G.L. c. 190B and the Probate and Family Court rules on your own.
- Time off work for repeat trips to the Registry adds up quickly.
Bond With Sureties vs. Bond Without Sureties
| Feature | With Sureties / Without Sureties |
|---|---|
| Who signs | With: principal plus 2 personal sureties (or 1 corporate surety). Without: principal alone |
| When allowed | With: default rule. Without: will waives sureties, all interested persons assent, or court orders |
| Extra forms | With: MPC 471 (Surety’s Justification). Without: MPC 472 (Bond Without Sureties) |
| Cost | With: corporate surety premium 0.5%–1% of penal sum per year. Without: no premium |
| Risk to fiduciary | With: shared liability with sureties. Without: full personal liability for penal sum |
FAQs
Do I need a bond if the will waives sureties?
Yes. A waiver removes only the sureties, not the bond itself. The principal still signs MPC 470 and remains personally liable for the full penal sum.
Is there a filing fee for MPC 470?
No. The bond itself has no separate fee. The petition that opens the case carries its own statutory fee under G.L. c. 262.
Can I e-file MPC 470?
Yes. In counties live on Odyssey File & Serve, you can upload a scanned signed PDF, but the original paper bond must still reach the Registry within the local standing order period.
Do I write my maiden name or married name in the recital?
No. Use whichever name appears on the death certificate, birth certificate, or petition; the bond must mirror that document exactly.
Does the penal sum include real estate?
No. Real estate is excluded unless the will or court order grants a power of sale, in which case the equity is added to the penal sum.
Can my spouse be one of my two personal sureties?
Yes. A spouse may serve as a surety if they have separate net worth equal to the penal sum, justified on MPC 471, and the magistrate accepts the justification.
What if I list a P.O. box in the principal address?
No. The magistrate will strike the P.O. box because the court must be able to serve the principal at a residential address.
Can a power-of-attorney holder sign MPC 470 for me?
No. Only the appointed fiduciary may sign the bond; powers of attorney do not extend to fiduciary appointments.
Do I have to use a corporate surety?
No. Two personal sureties are allowed if each justifies net worth at least equal to the full penal sum on MPC 471.
Can the magistrate raise my penal sum?
Yes. Under G.L. c. 190B § 3-605, the magistrate has discretion to set a higher penal sum than the petitioner requests.
Do I write the penal sum in words, figures, or both?
Yes. Both. Words and figures are required; figures-only or words-only entries void the bond and trigger rejection at the counter.
Can I modify the bond mid-case?
Yes. File a Motion to Modify Bond with the Registry. The magistrate can raise or lower the penal sum based on changes in estate value or income.
Does the bond end when I distribute the estate?
No. The bond is released only after the final account is allowed and the court enters a discharge order on the fiduciary.
What if my notary forgets the commission expiration date?
No. A blank commission date voids the acknowledgment. Re-execute the bond with a complete notarial certificate before refiling.
Related reading
- How to Fill Out Massachusetts Form MPC 150 (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 185 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 401 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form 1 (w/Examples) + FAQs