Detailed Answer
When someone dies in Massachusetts and their estate must go through probate, the court formally appoints a personal representative (called an executor if named in a will, or an administrator if there is no will). The appointment goes together with an oath that the personal representative must take before receiving official letters allowing them to act for the estate.
Core documents you normally must file to apply for probate appointment and to take the oath
- Original will (if there is one) – File the original signed will with the Probate and Family Court. If the will names a personal representative, that person files for appointment.
- Death certificate (certified) – A certified copy of the decedent’s death certificate is required to open the probate case.
- Petition for Probate and/or Appointment of Personal Representative – Use the court’s probate petition forms to ask the court to admit the will (if applicable) and appoint a personal representative. The Probate and Family Court provides standard forms and instructions at Mass.gov: https://www.mass.gov/orgs/probate-and-family-court and https://www.mass.gov/probate-and-family-court-forms.
- Oath of personal representative – The personal representative must take the oath required by the court before letters are issued. The court provides the form or will administer the oath in court.
- Notice documents and affidavits of service – Massachusetts requires notice to interested persons (heirs, devisees, creditors in some cases). You will file proof (affidavits) that required notices or citations were served per court rules and forms.
- Renunciations or consents (if applicable) – If someone with priority to serve gives up their right to be appointed, a written renunciation can be filed. Similarly, surviving co-executors may file written consent.
- Bond or bond waiver – The court may require a surety bond for the personal representative unless the will waives bond or all interested parties sign a waiver. Bring the proposed bond or evidence of a will waiver. See M.G.L. Chapter 190B for the court’s bonding authority: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Information about heirs and beneficiaries – Names, addresses, dates of birth (if minors), and relationship to the decedent. Courts use this information to prepare letters and to require proper notice.
- Inventory and list of estate assets (often required after appointment) – Massachusetts requires a personal representative to prepare and file an inventory of estate assets. You generally do this after appointment, but collecting documentation beforehand speeds the process.
- Filing fee – The Probate and Family Court charges filing fees. Check current fees on the court or Mass.gov pages and bring payment or arrange a fee waiver if eligible.
How the filing process typically works in Massachusetts
- Locate the correct Probate and Family Court for the county where the decedent lived or owned real estate.
- Gather the documents listed above: original will, certified death certificate, completed petition forms, proposed bond (if needed), and contact information for heirs/devisees.
- File the petition and supporting documents with the court clerk and pay the filing fee. The clerk will schedule any necessary hearings and provide instructions for the oath and issuance of Letters Testamentary or Letters of Administration.
- The personal representative takes the oath (in-court or by an authorized official) and the court issues letters that authorize the representative to act for the estate.
- After appointment, file inventories, accountings, and other reports as required by the court.
Relevant law and official resources
- Massachusetts General Laws, Chapter 190B (Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Probate and Family Court general information and local court locations: https://www.mass.gov/orgs/probate-and-family-court
- Probate and Family Court forms (petitions, oaths, notices, bond forms): https://www.mass.gov/probate-and-family-court-forms
Helpful Hints
- Bring multiple copies of the will and other documents. The court often needs an extra copy for the file.
- Obtain several certified death certificates early — banks, the SSA, and other institutions typically require them.
- Check whether the will waives bond. A clear bond waiver in the will can save time and expense.
- Confirm filing fees and acceptable payment methods with the local Probate and Family Court clerk before you go.
- If heirs live out of state, collect complete contact information and be ready to serve notice by mail or other court-authorized methods.
- Keep a copy of every document you file and proof of service for your records.
- If estate paperwork looks complex (large estate, potential will contests, claims by creditors, tax issues), consult an attorney experienced in Massachusetts probate to avoid costly mistakes.
- Use Mass.gov forms when available. They are designed to meet Massachusetts filing requirements and reduce errors: https://www.mass.gov/probate-and-family-court-forms
Disclaimer: This article explains general principles of Massachusetts probate procedure and cites public resources. It is not legal advice. For advice about a specific situation, consult a licensed Massachusetts attorney or the Probate and Family Court clerk.