Form Mpc 160 Massachusetts – Fill Out and Use This PDF

The MPC 160 Massachusetts form, formally known as the Petition for Formal Probate of a Will, Adjudication of Intestacy, and Appointment of a Personal Representative, is a critical legal document utilized within the Commonwealth of Massachusetts. It serves the purpose of initiating the probate process, which is essential in the adjudication of a deceased person's estate in accordance with state laws under G.L. c. 190B, § 3-402. For individuals seeking to navigate the complexities of estate management, understanding and accurately completing this form is paramount. To efficiently manage this task, consider clicking the button below for guidance on filling out the form.

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Form Mpc 160 Massachusetts PDF Details

In the intricate process of managing the affairs of someone who has passed away, the MPC 160 Massachusetts form serves as a crucial starting point for individuals navigating the probate court system in the Commonwealth of Massachusetts. Officially titled "Petition for Formal Probate of a Will, Adjudication of Intestacy, Appointment of a Personal Representative," this document is foundational in both proving the authenticity of a deceased person's will and in the appointment of a personal representative to manage the estate. The form requires comprehensive details about the deceased, known as the decedent, including their name, domicile, and date of death, which help in establishing the jurisdiction of the Massachusetts Probate and Family Court. It also solicits information about the petitioner, the individual initiating the estate proceedings, detailing their relationship to the decedent and their interest in the estate. Key aspects of the form also delve into the specifics of the decedent's marital and familial relations, their surviving relatives, and any potential heirs or beneficiaries under the will or through intestate succession, which is the process used when someone dies without a will. Additionally, the MPC 160 highlights the importance of timely filings within legal deadlines, the absence of existing personal representative appointments, and whether the estate will undergo supervised or unsupervised administration, thus guiding petitioners through a thorough legal process designed to ensure the orderly management and disposition of the decedent's estate in accord with their wishes or, absent such directives, under the law.

Question	Answer
Form Name	Form Mpc 160 Massachusetts
Form Length	6 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	1 min 30 sec
Other names	sureties, mpc 160, devisees, mpc160 blogspot com

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PETITION FOR FORMAL

PROBATE OF A WILL

ADJUDICATION OF INTESTACY

APPOINTMENT OF A PERSONAL REPRESENTATIVE OTHER:

PURSUANT TO G.L. c. 190B, § 3-402

Docket No.

Commonwealth of Massachusetts

The Trial Court

Probate and Family Court

Estate of:

Division

First Name

Middle Name

Last Name

Date of Death:

The Petitioner(s) (hereafter "Petitioner"), an interested person(s), makes the following statements:

1.Information about the Decedent: Name:

First NameMiddle NameLast Name

Also known as:

Name

Street Address:

(Address)(Apt, Unit, No. etc.) (City/Town) (State) (Zip)

The Decedent died on		at the age of		years.
	(date)
The Decedent was domiciled in	,		.
	,		.
	(City/Town)		(State)

A death certificate issued by a public officer is in the possession of the Court or accompanies this Petition.

A death certificate issued by a public officer is not in the possession of the Court and does not accompany this Petition.

The circumstances which make it impossible for a death certificate to be provided are (See G.L. c. 190B, §§ 3-402(b) &

1-107):

2.Information about the Petitioner(s): Name:

First Name

M.I.

Last Name

(Address)

(Apt, Unit, No. etc.)

(City/Town)

(State)

(Zip)

Mailing Address, if different:

(Address)

(Apt, Unit, No. etc.)

(City/Town)

(State)

(Zip)

Primary Phone #:

Interest of the Petitioner (e.g., Personal Representative named in Will, surviving spouse, heir, devisee, etc.-See G.L. c.

190B § 1-201(24)):

3.Venue for this proceeding is proper in this County because the Decedent:

had his or her domicile in this County on the date of death.

did not have his or her domicile in Massachusetts, but had property in this County on the date of death located at:

(Address)

(Apt, Unit, No. etc.)

(City/Town)

(State)

(Zip)

MPC 160 (3/19/12)

page

4.Decedent's marital and family status:

A.Did the Decedent have a surviving parent?

B.Did a spouse survive the Decedent?

C.Did the Decedent and/or the surviving spouse have surviving children or other descendants?

If the answers to both 4.B and 4.C are Yes, also answer the following questions:

Yes

D.Are all of the surviving spouse's surviving children or other descendants also children or other descendants of the Decedent?

Yes

	E. Are all of the Decedent's surviving children or other descendants also children or other	Yes
	descendants of the surviving spouse?	Yes
	descendants of the surviving spouse?

5.List Decedent's: (all that are applicable)

A.Spouse and children, whether adopted or not. Also list all deceased children and, if the child predeceased the decedent and has surviving descendants (children, grandchildren, etc.), list all of those surviving descendants;

B.If there are no descendants, list the decedent's parents or if none, list the heirs as defined in G.L. c. 190B, §§ 2-101 to 2-114;

C.If there is a Will, list all devisees (persons, whether alive or deceased, and institutions who receive personal or real property by the terms of the Will). If the Will requires a person to survive the decedent in order to take and that person predeceased the decedent, list all contingent beneficiaries (the persons who take if the original beneficiary needs to survive but did not);

D.Identify any heir, surviving spouse or devisee who may be an incompetent person or a minor and provide the name and address of the guardian or conservator, if any, and identify the Court and docket number.

SPOUSE

Name and Address

Relationship to Decedent

Indicate if this person is:

(check all that apply)

Spouse, if living at the time of Decedent's

Incompetent (if yes,the name and

death.

address of the guardian or

Devisee under the Will

conservator, is listed at #

)

Guardian

Conservator

Deceased (list date of death):

of:

See docket No:

Parent

A Minor* (list age):

Child of:

AND/OR

Decedent & Decedent's spouse

Decedent Only

Incompetent*

*(if yes, guardian or conservator, if any,

Descendant of predeceased child

is listed in this table at #

)

Other heir (List relationship):

Deceased (list date of death):

Devisee under the Will

Guardian

Conservator

Descendants?

Yes

of:

if yes, descendants are listed at #

See docket No:

MPC 160 (3/19/12)

page

Name and Address

Relationship to Decedent

Indicate if this person is:

(check all that apply)

Parent

A Minor* (list age):

Child of:

AND/OR

Decedent & Decedent's spouse

Decedent Only

Incompetent*

*(if yes, guardian or conservator, if any,

Descendant of predeceased child

is listed in this table at #

)

Other heir (List relationship):

Deceased (list date of death):

Devisee under the Will

Guardian

Conservator

Descendants?

Yes

of:

if yes, descendants are listed at #

See docket No:

Parent

A Minor* (list age):

Child of:

AND/OR

Decedent & Decedent's spouse

Decedent Only

Incompetent*

*(if yes, guardian or conservator, if any,

Descendant of predeceased child

is listed in this table at #

)

Other heir (List relationship):

Deceased (list date of death):

Devisee under the Will

Guardian

Conservator

Descendants?

Yes

of:

if yes, descendants are listed at #

See docket No:

Parent

A Minor* (list age):

Child of:

AND/OR

Decedent & Decedent's spouse

Decedent Only

Incompetent*

*(if yes, guardian or conservator, if any,

Descendant of predeceased child

is listed in this table at #

)

Other heir (List relationship):

Deceased (list date of death):

Devisee under the Will

Guardian

Conservator

Descendants?

Yes

of:

if yes, descendants are listed at #

See docket No:

6.This Petition is filed within the time period permitted by law (G.L. c. 190B, §3-108). Three years or less have passed since the Decedent's death, or the following circumstances authorize tardy proceedings (include statutory reference):

MPC 160 (3/19/12)

page

7. No Court has appointed a Personal Representative and no such appointment proceeding is pending in this state or or elsewhere.

A Court has appointed a Personal Representative, whose appointment has not been terminated, or an appointment

proceeding is pending in the State of

and the Personal Representative's name and

address is:

First Name

M.I.

Last Name

(Address)

(Apt, Unit, No. etc.)

(City/Town)

(State)

(Zip)

Intestate Estate (check this box only if there is no Will)

After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating to property in Massachusetts, or the following is a statement of why such an instrument is not being probated:

Testate Estate (Check this box only if there is a Will)

The date of the Decedent's last Will is

The dates of all codicils are

Choose one of the following:

The original Will is in the possession of the Court or accompanies this Petition.

The original Will is lost, destroyed or otherwise unavailable and its contents are set forth in the attached statement

which is incorporated herein.

The Will has been probated in the State of

. Duly authenticated copies of the

Will and of the statement probating it are filed with this Petition.

The Will and any codicils are referred to as the Will. The Petitioner, to the best of his or her knowledge, believes the Will was validly executed. After the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the Will and believes that the Will is the Decedent's last Will, or the following is a statement of why such an instrument is not being probated:

The Petitioner requests the following qualified person, who is 18 years of age or older, be appointed:

Self:

Other:

First Name

M.I.

Last Name

(Address)

(Apt, Unit, No. etc.)

(City/Town)

(State)

(Zip)

Mailing Address, if different:

(Apt, Unit, No. etc.)

(Address)

(City/Town)

(State)

(Zip)

Primary Phone #:

MPC 160 (3/19/12)

page

10.	The nominee does not have priority for appointment.

The nominee has priority for appointment:

by statute (G.L. c. 190B, § 3-203).

for the following reasons:

Persons with prior or equal rights to appointment are as follows:

No one.

The following:

First Name

M.I.

Last Name

Any required renouncements or nominations accompany this Petition.

11.	A bond with sureties with the penal sum amount of $		has been or will be filed.

12.

A bond without sureties has been or will be filed and is permissible because:

The Will waives sureties on the bond and no interested person has demanded that a bond with sureties be filed.

All devisees (if a Will is filed) or heirs (if no Will is filed) have waived sureties in writing and the waivers are filed
with this Petition or are in the possession of the Court.
Other (include statutory reference):	.

Copies of this Petition and the death certificate have been sent by certified mail to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205.

13.The Petitioner requests:

Unsupervised administration

There is no Will.

The Will directs unsupervised administration.

The Will directs supervised administration, but circumstances have changed since the execution of the Will and there is no necessity for supervised administration because:

Supervised administration

The Will directs supervised administration.

The Will directs unsupervised administration, but it is necessary for protection of persons interested in the estate because:

No Will directs supervised administration but it is necessary under the circumstances, specifically:

MPC 160 (3/19/12)

page

The Petitioner requests that the Court:

Formally admit the Decedent's Will to probate and determine heirs. Formally determine Decedent died without a Will and determine heirs.

Formally determine the heirs of the Decedent.
Formally appoint the nominee as Personal Representative in		unsupervised
to serve	without sureties on the bond

with sureties on the bond with the penal sum amount of $ and that Letters be issued.

The Petitioner also requests:

A setting aside of prior informal findings as to testacy.

A setting aside of prior informal appointment of Personal Representative. Other:

supervised administration

SIGNED UNDER THE PENALTIES OF PERJURY

I certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.

Date:

Signature of Petitioner

Date:

Signature of Co-Petitioner (if applicable)

Information on Attorney for Petitioner

Signature of Attorney

(Print name)

(Address)		(Apt, Unit, No. etc.)

(City/Town)	(State)		(Zip)

Primary Phone #:

B.B.O. #

Email:

MPC 160 (3/19/12)

page

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2. The third part is usually to complete all of the following fields: The Decedent was domiciled in, date, CityTown, State, A death certificate issued by a, A death certificate issued by a, The circumstances which make it, Information about the Petitioners, Name, First Name, Last Name, Address, Apt Unit No etc, CityTown, and State.

3. Your next stage is easy - complete all the form fields in had his or her domicile in this, did not have his or her domicile, Address, Apt Unit No etc, CityTown, State, Zip, MPC, and page to conclude the current step.

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5. Finally, this last subsection is precisely what you should wrap up before using the PDF. The blanks at this point are the following: Name and Address, check all that apply, Indicate if this person is, E S U O P S, Spouse if living at the time of, Devisee under the Will, Guardian, Conservator, See docket No, Parent, Child of, Decedent Decedents spouse, Decedent Only, Descendant of predeceased child, and Other heir List relationship.

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Form Mpc 160 Massachusetts – Fill Out and Use This PDF

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