Petition For Formal
Petition For Formal Form. This is a Massachusetts form and can be use in Probate And Family Court Statewide.
Tags: Petition For Formal, MPC 160, Massachusetts Statewide, Probate And Family Court
Commonwealth of Massachusetts The Trial Court Probate and Family Court Docket No. PETITION FOR FORMAL PROBATE OF A WILL ADJUDICATION OF INTESTACY APPOINTMENT OF A PERSONAL REPRESENTATIVE OTHER: PURSUANT TO G. L. c. 190B, § 3-402 Original Form Amended Form Division Estate of: First Name Middle Name Last Name Date of Death: I. GENERAL INFORMATION The Petitioner(s) (hereafter "Petitioner"), an interested person, makes the following statements: 1. Information about the Decedent: Name: Age at death First Name Middle Name Last Name Also known as: Name Street Address: (Address) (Apt, Unit, No. etc.) (State) (City/Town) The Decedent was domiciled in . , (City/Town) (Zip) (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: Name: First Name Last Name M.I. (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: The Petitioner's interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir, devisee, Public Administrator, creditor, etc. See G. L. c. 190B, § 1-201(24)): 3. This Petition is filed within the time period permitted by law. See 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): FORM ALERT: Do not use this form to file a late probate proceeding pursuant to G. L. c. 190B, § 3-108(4). Use form MPC 161. MPC 160 (4/15/16) American LegalNet, Inc. www.FormsWorkFlow.com page 1 of 4 4. Venue for this proceeding is proper in this county because on the date of death, the Decedent: was not domiciled in Massachusetts, but had property located in this county at: was domiciled in this county. (Apt, Unit, No. etc.) (Address) 5. (City/Town) (State) (Zip) The Petitioner shall give notice once by citation to the Division of Medical Assistance. To do so, the Petitioner shall send a copy of the citation when issued by the court together with a copy of this Petition and death certificate by certified mail at least fourteen (14) days before the return day to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205. For specific details, see the citation's Order of Notice. II. PERSONS INTERESTED IN THE ESTATE 6. The Decedent's surviving spouse, children, heirs at law and devisees (if any), so far as known or ascertainable with reasonable diligence by the Petitioner are as stated in form MPC 162 Surviving Spouse, Children, Heirs at Law AND if the Decedent died with a will, form MPC 163 Devisees incorporated herein. There are additional heirs at law who are not known to the Petitioner. FORM ALERT: Failure to submit this information will result in a delay in processing your case. III. TESTACY STATUS 7. The Decedent died (select one): Intestate (without a will) After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating see attached statement of why such an instrument is not being probated. to property in Massachusetts, or Testate (with a will) . The date of the Decedent's last will is The dates of all codicils are (select 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 a copy of the original will accompanies this Petition OR a statement of its contents is attached and incorporated herein. The will has been probated in the state or country of . An authenticated copy of the will and proof of its probate 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. IV. APPOINTMENT OF PERSONAL REPRESENTATIVE (if requested) 8. The Petitioner requests that the following qualified person, who is 18 years of age or older, be appointed Personal Representative: Self only. Self and other(s): Other(s): Name of other(s): First Name M.I. (Apt, Unit, No. etc.) (Address) Last Name (City/Town) (State) (Zip) Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: MPC 160 (4/15/16) American LegalNet, Inc. www.FormsWorkFlow.com page 2 of 4 9. Select all that apply: All or some of the nominees have priority for appointment: by statute. See G. L. c. 190B, § 3-203. by renunciation and/or nomination. Persons with higher or equal rights to appointment are: M.I. First Name FORM ALERT: Last Name Any required renunciations/nominations using form MPC 455 must accompany this Petition. The nominee(s) without priority for appointment are: M.I. First Name Last Name Persons with priority have failed to request appointment or to nominate the above nominee and administration is necessary. 10. Select one of the following: No court has appointed a Personal Representative and no such appointment proceeding is pending in Massachusetts 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 (Address) M.I. (Apt, Unit, No. etc.) Last Name (City/Town) (State) (Zip) 11. Select one of the following: A bond with sureties in the penal sum amount of $ has been or will be filed. 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 using form MPC 455 and all waivers are filed with this Petition or are in the possession of the court. FORM ALERT: All persons seeking appointment must file a bond using form MPC 801. 12. The Petitioner requests (Select one of the following): Unsupervised administration The Decedent died intestate (without a will). The will directs unsupervised administration or is silent on the issue. 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 MPC 160 (4/15/16) American LegalNet, Inc. www.FormsWorkFlow.com page 3 of 4 because: No will directs supervised administration but it is necessary under the circumstances, specifically: 13. The appointment of a Special Personal Representative is necessary pursuant to G. L. c. 190B, § 3-614 (See separate motion and affidavit filed with this Petition). V. RELIEF REQUESTED Wherefore the Petitioner requests that the court: Admit the Decedent's will to formal probate and determine the heirs. Determine that the Decedent died without a will and determine the heirs. Determine the heirs of the Decedent. Appoint the nominee(s) as Personal Representative of the estate in a(n) supervised administration to serve without with unsupervised sureties on the bond 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: 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 Information on Attorney for Petitioner, if any Signature of Attorney (Print name) (Address) (City/Town) (Apt, Unit, No. etc.) (State) (Zip) Primary Phone #: B.B.O. # Email: MPC 160 (4/15/16) American LegalNet, Inc. www.FormsWorkFlow.com page 4 of 4