Formal Estate Administration Checklist (MA)

Summary

This checklist assists an estate planning attorney in Massachusetts with the filing and administration of a formal probate proceeding. A formal probate proceeding may be instituted whether decedent died with a will (testate) or without a will (intestate), but this checklist presumes decedent died testate. In a formal probate proceeding, the court takes a more active, and, in certain cases, supervisory role, in the administration of the decedent's estate whereby it officially determines the heirs of the estate, the domicile of decedent at death, and whether decedent left a valid will or died intestate. Mass. Gen. Laws ch. 190B, § 3-409. The court will also determine whether a petitioner seeking appointment as personal representative of the estate has priority, their qualification as personal representative, and who is entitled to appointment. Where necessary, the court will terminate any prior improper appointments. Mass. Gen. Laws ch. 190B, § 3-414. This checklist contains a summary of the formal probate process and relevant forms and assumes that decedent died testate after the enactment of the Massachusetts Uniform Probate Code (MUPC) in March 2012. The information provided here is also applicable to intestate estates.