This is an administrative procedure managed by a Magistrate according to the Massachusetts Uniform Probate Code (MUPC).  It is only available if:

• You possess the original will.

• You have the official death certificate.

• You know who all the heirs and devisees are and their location (a devisee is someone who receives real property).

• The person seeking appointment as personal representative has priority.

• Any spouse, heir, or devisee who is incapacitated or a minor is represented by either a conservator or a guardian, is not the petitioner filing for probate.

• The court has not required supervised administration.

• A judge’s signature on an order or final decree is not needed for any reason.

This process requires estate administration to be filed with the Probate Court, necessitating judicial oversight and court involvement throughout the process. Formal probate may also be necessary under the following circumstances:

• An objection to informal probate has been raised.

• The will presented is a copy, or contains handwritten insertions (interlineations), or deletions.

• The terms of the will lack clarity.

• Supervised administration is needed, meaning that all actions by the personal representative must be approved by the court before execution. Supervised administration continues until an order authorizing estate distribution and discharging the personal representative is entered, or until another order concludes the proceeding. This form of administration is uncommon.

• Appointment of a Special Personal Representative by the court is required.

• Representation is necessary for incapacitated individuals, minor heirs, or devisees.

• The proposed personal representative does not have priority for appointment, which determines the order of eligibility among potential appointees.

• The petitioner is either a creditor or a public administrator.

• Informal probate is unavailable.

• A judge's signature is required on an order or final decree for any reason.

This process may be initiated in Probate Court for several reasons, including:

• The decedent passed away on or after March 31, 2012, and

• No estate proceeding was started within three years of their death, and

• A formal proceeding is only needed to confirm who owns probate assets.

The court may allow a late and limited formal probate petition to:

• Admit the decedent’s will into formal probate and determine heirs and devisees.

• Identify heirs if the decedent died without a will.

• Appoint a personal representative to manage the estate, which can include a public administrator, either supervised or unsupervised.

• Designate a special personal representative until a permanent one is appointed in the formal proceeding.

A personal representative appointed under late and limited formal probate cannot obtain a license to sell the decedent’s real estate. Their authority is limited to confirming ownership of probate assets for successors and paying administration expenses.

This is a streamlined process intended for estates with only a few assets and no real estate. It can be used regardless of whether the deceased left a will. To qualify, the following conditions must be met:

• The deceased must have been a resident of Massachusetts.

• The estate must consist solely of personal property with a total value of $25,000 or less (not including the value of a car).

• At least 30 days must have passed since the person’s death.

• The petitioner needs to be an interested party but does not have to live in Massachusetts. Creditors are not considered interested persons for this process. If the interested party is underage, their parents cannot file on their behalf without court approval. If the deceased was receiving services from the Department of Mental Health (DMH), the Department of Developmental Services (DDS), or the Division of Medical Assistance (DMA) at the time of death, anyone designated by these agencies may be appointed as Voluntary Personal Representative (VPR) of the estate.

• There must not be another probate proceeding already in progress.

A VPR’s authority is limited and does not lead to an official court appointment.