Massachusetts > Statewide > Probate And Family Court > MUPC
Petition For Formal MPC 160 - Massachusetts
| Petition For Formal Form. This is a Massachusetts form and can be used in MUPC Probate And Family Court Statewide . |
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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 Estate of: First Name Middle Name Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division 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 Name Middle Name Name Last Name Also known as: Street Address: (Address) (Apt, Unit, No. etc.) (date) (City/Town) (State) (Zip) The Decedent died on The Decedent was domiciled in (City/Town) at the age of , years. . (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.) (Address) (Apt, Unit, No. etc.) (City/Town) (City/Town) (State) (State) (Zip) (Zip) Mailing Address, if different: 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 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 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: D. Are all of the surviving spouse's surviving children or other descendants also children or other descendants of the Decedent? E. Are all of the Decedent's surviving children or other descendants also children or other 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. Name and Address Relationship to Decedent (check all that apply) Spouse, if living at the time of Decedent's death. SPOUSE Yes Yes Yes No No No Yes Yes No No Indicate if this person is: Devisee under the Will Guardian of: See docket No: Parent Child of: Decedent & Decedent's spouse Decedent Only Descendant of predeceased child Conservator Incompetent (if yes,the name and address of the guardian or conservator, is listed at # ) Deceased (list date of death): A Minor* (list age): AND/OR Incompetent* *(if yes, guardian or conservator, if any, ) is listed in this table at # OR Deceased (list date of death): 1. Other heir (List relationship): Devisee under the Will Guardian of: See docket No: Conservator Descendants? Yes No if yes, descendants are listed at # MPC 160 (3/19/12) page 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Name and Address Relationship to Decedent (check all that apply) Parent Child of: Decedent & Decedent's spouse Decedent Only Descendant of predeceased child Indicate if this person is: A Minor* (list age): AND/OR Incompetent* *(if yes, guardian or conservator, if any, ) is listed in this table at # OR Deceased (list date of death): 2. Other heir (List relationship): Devisee under the Will Guardian of: See docket No: Parent Child of: Decedent & Decedent's spouse Decedent Only Descendant of predeceased child 3. Other heir (List relationship): OR Deceased (list date of death): Devisee under the Will Guardian of: See docket No: Parent Child of: Decedent & Decedent's spouse Decedent Only Descendant of predeceased child 4. Other heir (List relationship): OR Deceased (list date of death): Devisee under the Will Guardian of: 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): Conservator Descendants? Yes No A Minor* (list age): AND/OR Incompetent* *(if yes, guardian or conservator, if any, ) is listed in this table at # Conservator Descendants? Yes No A Minor* (list age): AND/OR Incompetent* *(if yes, guardian or conservator, if any, ) is listed in this table at # Conservator Descendants? Yes No if yes, descendants are listed at # if yes, descendants are listed at # if yes, descendants are listed at # MPC 160 (3/19/12) page 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.com 7. No Court has appointed a Personal Representative and no such appointment proceeding is pending in this state or or elsewhere. OR A Court has appointed a Personal Representative, whose appointment has not been terminated, or an appointment proceeding is pending in the State of address is: First Name (Address) M.I. Last Name (State) (Zip) and the Personal Representative's name and (Apt, Unit, No. etc.) (City/Town) 8. 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 proba
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