Massachusetts Probate Manual

Current—practical—essential guidance on the MUPC

Product Number: 1880133EBK
Publication Date: 7/2/2025
Edition: 6th Edition 2025
Copyright: © 2025 MCLE, Inc.
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Massachusetts Probate Manual

Current—practical—essential guidance on the MUPC

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Pricing: $195.00; Members: $175.50; New Lawyers: $132.50

Print Book 352 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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Product Description
Product Description

The Massachusetts Probate Manual offers up-to-date guidance on the evolving issues surrounding probate practice in Massachusetts. The book offers practice tips and tracks the essential steps you must know in order to handle formal and informal probate matters, preprobate considerations, practical steps to take to avoid probate litigation arising from will contests and compromises, developments pertaining to the removal, death and resignation of fiduciaries, matters concerning real property and the disposition of assets, planning for postmortem issues, testate and intestate distributions, accounts, and the roles and responsibilities of trustees, as well as current developments in the area of guardianships and conservatorships. The book is also a trusted source for cresting case decisions, citations to key primary law sources, and trends.

Recent updates:
- Update: July 2025
  Dear Subscriber:
  
  Thank you for choosing to keep current with this 2025 edition of Massachusetts Probate Manual. In this edition, find hundreds of updates on topics such as the following:
  - Transferring property owned by the decedent; how to determine process. See chapter 2 for a step-by-step list of action items useful when selecting the method by which to transfer property.
  - Time limit for filing. See chapter 4 for the five exceptions to the general three-year time limit in which to commence a formal probate or appointment proceeding.
  - Contesting the suitability of a nomination of a fiduciary. Chapter 5 cites a decision regarding standing needed to contest a nomination.
  - Claims against the estate. Chapter 7 discusses a case holding that Section 3-108 does not apply retroactively to bar claims brought by MassHealth against estates of decedents dying prior to the enactment of the Massachusetts Uniform Probate Code.
  - Cryptocurrency. See chapter 9 for a practice note regarding the personal representative's responsibilities surrounding access to private keys to digital currencies without a physical form.
  - Fiduciary's contractual obligation. Chapter 11 discusses the consequence of a failure on the parts of buyer and seller to agree to material terms of a purchase and sale agreement. A recent case is cited.
  - Exculpatory provisions in trust. See chapter 16 for discussion of an exculpation clause giving trustees the power to invest income and principal "without being subject to legal limitations on investments by fiduciaries" and how this clause is to be understood in light of the prudent investor rule.
  We at MCLE trust that you will find this new material useful in your probate practice and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Chronology of an Estate Administration
Buy Chapter

Chapter 02 expand

Preprobate Considerations
Buy Chapter
, CI Holdings, Inc
Livia O'Connor, Esq., Pierce Atwood LLP

Chapter 03 expand

Informal Probate
Buy Chapter
Hon. Evelyn J. Patsos, Probate and Family Court, Commonwealth of Massachusetts

Exhibit 3A
- Petition for Informal Probate of Will/Appointment of Personal Representative (Form MPC 150) Buy Form

Exhibit 3B
- Instructions for Informal Probate with or Without a Will (Form MPC 962) Buy Form

Exhibit 3C
- Affidavit of Domicile (Form MPC 485) Buy Form

Exhibit 3D
- Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (Form MPC 455) Buy Form

Exhibit 3E
- Instructions for Completing Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties—Form MPC 455 (Form MPC 941) Buy Form

Exhibit 3F
- Cause of Death Affidavit (Form MPC 475) Buy Form

Exhibit 3G
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy Form

Exhibit 3H
- Devisees (Form MPC 163) Buy Form

Exhibit 3I
- Degrees of Kinship Chart (Form MPC 960) Buy Form

Exhibit 3J
- Bond (Form MPC 801) Buy Form

Exhibit 3K
- Demand for Sureties (Form MPC 360) Buy Form

Exhibit 3L
- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy Form

Exhibit 3M
- Notice of Informal Probate and Return of Service (Form MPC 550) Buy Form

Exhibit 3N
- Informal Probate Publication Notice (Form MPC 551) Buy Form

Exhibit 3O
- Military Affidavit (Form TC 002) Buy Form

Exhibit 3P
- Order of Informal Probate of Will and/or Appointment of Personal Representative (Form MPC 750) Buy Form

Exhibit 3Q
- Domiciliary Foreign Personal Representative’s Sworn Statement (Form MPC 180) Buy Form

Chapter 04 expand

Formal Probate
Buy Chapter
Hon. Evelyn J. Patsos, Probate and Family Court, Commonwealth of Massachusetts

Exhibit 4A
- Petition for Formal Appointment of a Personal Representative (Form MPC 160) Buy Form

Exhibit 4B
- Instructions for Formal Probate with or Without a Will (Form MPC 963) Buy Form

Exhibit 4C
- Affidavit of Domicile (Form MPC 485) Buy Form

Exhibit 4D
- Petition for Late and Limited Formal Testacy and/or Appointment (Form MPC 161) Buy Form

Exhibit 4E
- Instructions for Late and Limited Formal Testacy and/or Appointment (Form MPC 964) Buy Form

Exhibit 4F
- Assent and Waiver of Notice/Renunciation/Nomination/Waiver of Sureties (Form MPC 455) Buy Form

Exhibit 4G
- Instructions for Form MPC 455 (MPC Form 941) Buy Form

Exhibit 4H
- Cause of Death Affidavit (Form MPC 475) Buy Form

Exhibit 4I
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy Form

Exhibit 4J
- Instructions for Form MPC 162–Surviving Spouse, Children, Heirs at Law (Form MPC 958) Buy Form

Exhibit 4K
- Massachusetts Degrees of Kinship Chart (Form MPC 960) Buy Form

Exhibit 4L
- Devisees (Form MPC 163) Buy Form

Exhibit 4M
- Instructions for Form MPC 163–Devisees (Form MPC 959) Buy Form

Exhibit 4N
- Decree and Order on Petition for Formal Adjudication (Form MPC 755) Buy Form

Exhibit 4O
- Motion to Waive Guardian ad Litem Buy Form

Exhibit 4P
- Bond (Form MPC 801) Buy Form

Exhibit 4Q
- Demand for Sureties (Form MPC 360) Buy Form

Exhibit 4R
- Affidavit in Support of Release of Demand for Sureties (Form MPC 490) Buy Form

Exhibit 4S
- Notice of Appearance and/or Objection (Form MPC 505a) Buy Form

Exhibit 4T
- Motion for Allowance of Copy of Will Buy Form

Exhibit 4U
- Motion for Appointment of Special Personal Representative Buy Form

Exhibit 4V
- Petition for Appointment of Special Personal Representative (Form MPC 350) Buy Form

Exhibit 4W
- Petition for Informal Appointment of Successor Personal Representative (Form MPC 255) Buy Form

Exhibit 4X
- Petition for Formal Appointment of Successor Personal Representative (Form MPC 270) Buy Form

Chapter 05 expand

Will Contests, Compromises, and Practical Steps to Avoid Litigation
Buy Chapter
Tiffany M. Bentley, Esq., Day Pitney LLP
Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP
Charles R. Hunsinger, Esq.,

Exhibit 5A
- Amended Standing Order 3-17: Fiduciary Litigation Session Pilot Project Buy Form

Exhibit 5B
- Standing Order 1-06 Buy Form

Exhibit 5C
- Probate Court Scheduling Practices and Procedures (Effective March 15, 2010) Buy Form

Exhibit 5D
- Affidavit of Objections Buy Form

Chapter 06 expand

Removal, Resignation, and Death of Fiduciaries
Buy Chapter
Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP
Hon. Evelyn J. Patsos, Probate and Family Court, Commonwealth of Massachusetts

Exhibit 6A
- Petition for Formal Removal of Personal Representative (Form MPC 265) Buy Form

Exhibit 6B
- Petition to Render Inventory (Form MPC 856) Buy Form

Exhibit 6C
- Uniform Counsel Certification Form Buy Form

Exhibit 6D
- Resignation of Fiduciary (Form MPC 264) Buy Form

Exhibit 6E
- Petition for Removal of Trustee (Form MPC 266) Buy Form

Exhibit 6F
- Petition for Informal Appointment of Successor Personal Representative (Form MPC 255) Buy Form

Exhibit 6G
- Petition for Formal Appointment of Successor Personal Representative (Form MPC 270) Buy Form

Exhibit 6H
- Renunciation of Right to Appointment and/or Nomination of Personal Representative (Form MPC 455) Buy Form

Chapter 07 expand

Claims Against the Estate
Buy Chapter
Jennifer P. Stevens, Kotin, Crabtree & Strong LLP

Chapter 08 expand

MUPC Rules of Construction
Buy Chapter
Robert G. Stewart, Esq., Robert G. Stewart, P.C.

Chapter 09 expand

Powers and Duties of the Personal Representative
Buy Chapter
, CI Holdings, Inc
Livia O'Connor, Esq., Pierce Atwood LLP

Checklist 9.1
- Checklist of Duties of the Personal Representative Relative to Collecting and Identifying Assets Buy Form

Exhibit 9A
- Petition for Sale of Real Estate—G.L. c. 202, § 19 (Form MPC 210) Buy Form

Exhibit 9B
- MUPC Inventory (Form MPC 854) Buy Form

Exhibit 9C
- Surviving Spouse, Children, Heirs at Law—G.L. c. 190B, § 3-301 (Form MPC 162) Buy Form

Exhibit 9D
- Closing Statement—G.L. c. 190B, § 3-1003 (Form MPC 850) Buy Form

Exhibit 9E
- Petition for Order of Complete Settlement (Form MPC 855) Buy Form

Chapter 10 expand

Sale of Personal Property and Treatment of Digital Assets
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
William H. Schmidt, Esq., Squillace & Associates, PC
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Exhibit 10A
- Bill of Sale, Personal Property Buy Form

Chapter 11 expand

Real Estate Transfers and Sales
Buy Chapter
Jennifer A. Maggiacomo, Esq., Norfolk Probate and Family Court, Commonwealth of Massachusetts

Exhibit 11A
- Memo from Christina T. Geaney, Esq., Chief Title Examiner, Re: Land Court Guideline 14. Death: The Effect of Death upon Registered Land Titles (October 31, 2019) Buy Form

Exhibit 11B
- REBA Title Standard No. 40: Transfers by Devisees Under a Will Containing a Power of Sale Buy Form

Exhibit 11C
- Assent and Release Buy Form

Exhibit 11D
- General Assent (Form MPC 455) Buy Form

Exhibit 11E
- REBA Title Standard No. 10: Power of Sale Under Will Buy Form

Exhibit 11F
- REBA Title Standard No. 78: Personal Representative Conveyances Per Power of Sale Under Massachusetts Uniform Probate Code Buy Form

Exhibit 11G
- Petition for License to Sell: Debts, Legacies, and Charges of Administration (Form CJ-P 75) Buy Form

Exhibit 11H
- Petition for Sale of Real Estate (Form MPC 210), Personal Representative’s Checklist (Form MPC 973), and Decree of Sale of Real Estate (Form MPC 794) Buy Form

Exhibit 11I
- REBA Form No. 32: Affidavit Pursuant to G.L. c. 65C, § 14(a) Buy Form

Exhibit 11J
- REBA Title Standard No. 3: Federal Estate Tax Liens Buy Form

Exhibit 11K
- REBA Title Standard No. 24: Massachusetts Estate Tax Liens Buy Form

Exhibit 11L
- Petition for License to Sell: Foreign (Form CJ-P 143) Buy Form

Exhibit 11M
- REBA Title Standard No. 41: List of Heirs Buy Form

Exhibit 11N
- REBA Form No. 58: Deed of Distribution Pursuant to G.L. c. 190B, § 3-907 Buy Form

Chapter 12 expand

Postmortem Planning
Buy Chapter
Magda L. Fleckner, Esq., Goulston & Storrs, PC

Exhibit 12A
- Waiver of Will Buy Form

Exhibit 12B
- Life Insurance Buy Form

Exhibit 12C
- Jointly Held Real Property Buy Form

Exhibit 12D
- Jointly Held Accounts Buy Form

Exhibit 12E
- Power of Appointment Buy Form

Exhibit 12F
- Bibliography Buy Form

Chapter 13 expand

Testate and Intestate Distributions
Buy Chapter
, CI Holdings, Inc
Livia O'Connor, Esq., Pierce Atwood LLP

Exhibit 13A
- Intestate Succession Under the MUPC Buy Form

Exhibit 13B
- Intestate Succession Under Pre-MUPC Rules Buy Form

Exhibit 13C
- Degrees of Kinship Buy Form

Exhibit 13D
- Surviving Spouse, Children, Heirs at Law (Form MPC 162) Buy Form

Exhibit 13E
- Devisees (Form MPC 163) Buy Form

Exhibit 13F
- Petition to Render (Form MPC 856) Buy Form

Exhibit 13G
- Petition for Formal Removal of Personal Representative (Form MPC 265) Buy Form

Chapter 14 expand

Fiduciary and Attorney Fees
Buy Chapter
, CI Holdings, Inc
Livia O'Connor, Esq., Pierce Atwood LLP

Chapter 15 expand

Accounts
Buy Chapter
Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP

Exhibit 15A
- Executor’s First and Final Account (Form MPC 853) Buy Form

Exhibit 15B
- Trustee’s Tenth Account (Form MPC 859) Buy Form

Exhibit 15C
- Petition for Allowance of Account (Form MPC 857) Buy Form

Exhibit 15D
- Petition for Order of Complete Settlement (Form MPC 855) Buy Form

Exhibit 15E
- Decree and Order of Complete Settlement (Form MPC 790) Buy Form

Exhibit 15F
- Small Estate Closing Statement (Form MPC 851) Buy Form

Exhibit 15G
- Closing Statement (Form MPC 850) Buy Form

Exhibit 15H
- Petition to Render Inventory/Account (Form MPC 856) Buy Form

Exhibit 15I
- Order to Render Account (Form MPC 754) Buy Form

Exhibit 15J
- Contempt: Failure to Render Account (Form CJ-D 103) Buy Form

Exhibit 15K
- Motion to Waive Appointment of Guardian ad Litem Buy Form

Exhibit 15L
- Affidavit Under Uniform Practice XVIA Buy Form

Exhibit 15M
- Guardian ad Litem and Next Friend Buy Form

Exhibit 15N
- Affidavit as to Military Service Buy Form

Exhibit 15O
- Appointment of Military Attorney Buy Form

Exhibit 15P
- Assent and Waiver of Notice (Form MPC 455) Buy Form

Exhibit 15Q
- Release of Guardian and Surety Buy Form

Exhibit 15R
- Decree and Order: Allowance of Trustee’s Account (Form MPC 791) Buy Form

Exhibit 15S
- Decree and Order: Allowance of Personal Representative’s Account (Form MPC 791) Buy Form

Exhibit 15T
- Appearance (Form MPC 505a) Buy Form

Exhibit 15U
- Objection to Personal Representative’s Account Buy Form

Exhibit 15V
- Motion to Strike Appearance Buy Form

Exhibit 15W
- Motion to Strike Objection and Appearance Buy Form

Chapter 16 expand

Trusts and Trustees
Buy Chapter
Andrew M. Golden,

Exhibit 16A
- Petition to Render Account (Form MPC 856) Buy Form

Exhibit 16B
- Petition for Allowance of Account (Form MPC 857) Buy Form

Exhibit 16C
- General Trust Petition (Form MPC 201) Buy Form

Exhibit 16D
- Petition to Modify Bond (Form MPC 295) Buy Form

Exhibit 16E
- Bond (Form MPC 801) Buy Form

Exhibit 16F
- Petition for Removal of Trustee/Appointment of Successor Trustee (Form MPC 266) Buy Form

Exhibit 16G
- Statement of Confirmation of Appointment of Testamentary Trustee (Form MPC 275) Buy Form

Exhibit 16H
- Decree and Order on Petition for Removal of Trustee/Appointment of Successor Trustee (Form MPC 782) Buy Form

Exhibit 16I
- General Trust Petition for Appointment of Guardian ad Litem—Trust (Form MPC 351) Buy Form

Exhibit 16J
- Decree and Order on General Trust Petition Appointing Guardian ad Litem (Form MPC 777) Buy Form

Exhibit 16K
- Petition to Terminate Trust (Form MPC 267) Buy Form

Exhibit 16L
- Decree and Order of General Probate/Trust Petition (Form MPC 792) Buy Form

Exhibit 16M
- Amended Report of the Supreme Judicial Court’s Ad Hoc Committee on Bosch Litigation Buy Form

Chapter 17 expand

Guardianships and Conservatorships
Buy Chapter
Ruth A. Mattson, Esq., Verrill Dana LLP
Rebecca Tunney, Esq., Goulston & Storrs, PC

Exhibit 17A
- Checklist of Court Required Duties as a Conservator Buy Form

Exhibit 17AA
- Petition for Removal of a Guardian (Form MPC 221) Buy Form

Exhibit 17B
- Checklist of Court Required Duties as a Guardian of Incapacitated Persons Buy Form

Exhibit 17BB
- Petition for Removal of a Conservator (Form MPC 231) Buy Form

Exhibit 17C
- Notice of Intent to Admit to a Nursing Facility for Short Term Services (Form MPC 829) Buy Form

Exhibit 17CC
- Instructions for Completion of Notice of Intent to Admit to a Nursing Facility for Short Term Services (MPC 829) (Form MPC 955) Buy Form

Exhibit 17D
- Petition for Special Proceeding in re: a Health Care Proxy (Form MPC 405) Buy Form

Exhibit 17DD
- Application for Appointment of Counsel for Parent of Minor Child (Form MPC 263) Buy Form

Exhibit 17E
- Statement of Attending Physician Filed with Petition for Special Proceeding in re: a Health Care Proxy (Form MPC 406) Buy Form

Exhibit 17EE
- Petition for Appointment of Guardian of Minor (Form MPC 140) Buy Form

Exhibit 17F
- Decree on Special Proceeding in re: Health Care Proxy (Form MPC 793) Buy Form

Exhibit 17G
- Guardianship Petition (Form MPC 120) Buy Form

Exhibit 17H
- Conservatorship Petition (Form MPC 130) Buy Form

Exhibit 17I
- Medical Certificate (Form MPC 400) Buy Form

Exhibit 17J
- Medical Certificate Affidavit (Form MPC 403) Buy Form

Exhibit 17K
- Clinical Team Report (Form MPC 402) Buy Form

Exhibit 17L
- Notice of Hearing (Form MPC 504) Buy Form

Exhibit 17M
- Certificate of Service (Form MPC 500) Buy Form

Exhibit 17N
- Bond (Form MPC 801) Buy Form

Exhibit 17O
- Verified Motion for Appointment of Temporary Guardian (Form MPC 320) Buy Form

Exhibit 17P
- Sample Decree and Order of Appointment of a Guardian (Form MPC 740) Buy Form

Exhibit 17Q
- Guardian’s Personal Care Plan/Report (Form MPC 821) Buy Form

Exhibit 17R
- Sample Conservator’s Financial Plan (Form MPC 831) Buy Form

Exhibit 17S
- Instructions for Completing Conservator’s Inventory (Form MPC 934) Buy Form

Exhibit 17T
- Combined Account (Form MPC 853) Buy Form

Exhibit 17U
- Account Without Schedules (Form MPC 853a) Buy Form

Exhibit 17V
- Probate and Family Court Standing Order 1-2025 Buy Form

Exhibit 17W
- Petition to Expand/Modify/Limit the Powers of a Guardian (Form MPC 220) Buy Form

Exhibit 17X
- Petition to Expand/Modify/Limit the Powers of a Conservator (Form MPC 230) Buy Form

Exhibit 17Y
- Petition for Termination of a Guardianship and/or Conservatorship (Form MPC 203) Buy Form

Exhibit 17Z
- Petition for Resignation of a Guardian and/or Conservator (Form MPC 202) Buy Form
Editors & Authors

Editor(s)

Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP, Boston

Hon. Evelyn J. Patsos, Probate and Family Court, Commonwealth of Massachusetts, Boston

Author(s)

Tiffany M. Bentley, Esq., Day Pitney LLP, Boston

Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP, Needham Heights

Magda L. Fleckner, Esq., Goulston & Storrs, PC, Boston

Andrew Mark Golden, Esq., Nutter McClennen & Fish LLP, Boston

Charles R. Hunsinger, Bowditch & Dewey LLP, Boston

Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP, Boston

Jennifer A. Maggiacomo, Esq., Norfolk Probate and Family Court, Commonwealth of Massachusetts, Canton

Ruth A. Mattson, Esq., Verrill Dana LLP, Boston

Jennifer Welch Murray, Esq., Pierce Atwood LLP, Boston

Livia O'Connor, Esq., Pierce Atwood LLP, Boston

Hon. Evelyn J. Patsos, Probate and Family Court, Commonwealth of Massachusetts, Boston

Jeffrey W. Roberts, Esq., Nutter McClennen & Fish LLP, Boston

Mary H. Schmidt, Esq., Verrill Dana LLP, Boston

William H. Schmidt, Esq., Squillace & Associates, PC, Boston

Jennifer P. Stevens, Kotin, Crabtree & Strong LLP, Newton

Robert G. Stewart, Esq., Robert G. Stewart, P.C., Gloucester

Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation, Boston

Rebecca Tunney, Esq., Goulston & Storrs, PC, Boston

TOP

Massachusetts Probate Manual

Current—practical—essential guidance on the MUPC

Massachusetts Probate Manual

Current—practical—essential guidance on the MUPC

Choose Format:

Product Description

Recent updates:

Table of Contents

Chronology of an Estate Administration

Preprobate Considerations

Informal Probate

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Exhibit 3N

Exhibit 3O

Exhibit 3P

Exhibit 3Q

Formal Probate

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Exhibit 4E

Exhibit 4F

Exhibit 4G

Exhibit 4H

Exhibit 4I

Exhibit 4J

Exhibit 4K

Exhibit 4L

Exhibit 4M

Exhibit 4N

Exhibit 4O

Exhibit 4P

Exhibit 4Q

Exhibit 4R

Exhibit 4S

Exhibit 4T

Exhibit 4U

Exhibit 4V

Exhibit 4W

Exhibit 4X

Will Contests, Compromises, and Practical Steps to Avoid Litigation

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Removal, Resignation, and Death of Fiduciaries

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Exhibit 6H

Claims Against the Estate

MUPC Rules of Construction

Powers and Duties of the Personal Representative

Checklist 9.1

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Sale of Personal Property and Treatment of Digital Assets

Exhibit 10A

Real Estate Transfers and Sales

Exhibit 11A