Decree And Order For Complete Settlement {MPC 790}

DECREE AND ORDER FOR COMPLETE SETTLEMENT Estate of: First Name Middle Name Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division Last Name Also Known As: Date of Death: After a hearing or on the uncontested Petition for Order of Complete Settlement of the above estate dated: THE COURT FINDS: 1. The Petitioner is an interested person and has filed a complete and verified Petition. 2. The time limit for presentation of creditor's claims has expired. 3. Any required notices have been given to or waived by all interested persons and any guardian ad litem appointed has assented to the Petition and/or the report of the guardian ad litem has been considered by the court. 4. Venue is proper. DETERMINATION OF TESTACY (only if requested) 5. The Decedent died on (date) domiciled in Massachusetts OR . 6. The Petition was filed within the time period permitted by law. 7. 8. A. The Decedent did not leave a will. The Decedent left a will. The original will is filed or on file with the court. The will is dated (date) . The dates of all codicils are date(s) . The will and any codicils are referred to as the will. Based on a preponderance of credible evidence presented, the court is satisfied that: The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. --OR-B. The original will has been lost, destroyed, or is otherwise unavailable. The copy of the will or the statement of its contents is dated (date) . The dates of all codicils are date(s) . The copy of the will, or the statement of its contents, and any codicils are referred to as the will. American LegalNet, Inc. www.FormsWorkFlow.com MPC 790 (3/1/17) page 1 of 3 Docket No. Estate of: First Name Middle Name Last Name Based on a preponderance of the credible evidence presented, the court is satisfied that: a. The contents of the will are as stated in the copy or statement filed with the court. b. The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. --OR-C) An authenticated copy of the will and of the decree admitting it to probate in the Decedent's state or county of domicile at the death is filed or on file with the court. The authenticated copy is dated The dates of all codicils are are referred to as the will. date(s) (date) . . The authenticated copy of the will and any codicils Based on a preponderance of credible evidence presented, the court is satisfied that: The will was duly admitted to probate by the state or country of domicile at death. --OR-D) The will is not a valid will. DETERMINATION OF HEIRS (only if requested or if testacy is being determined) 9. At the time of death, the Decedent's heirs at law were: identical to those persons stated in the MPC 162 Surviving Spouse, Children, Heirs at Law dated: that is incorporated into the Petition for Complete Settlement. --OR-the following named persons (each and every heir at law must be named): NAME RELATIONSHIP TO DECEDENT (date) , the Decedent's OTHER REQUESTS AS AUTHORIZED BY G. L. c. 190B, § 3-1001 (only if requested) 10. Persons and entities entitled to distribution and the amounts to be distributed are: a. b. identical to those as stated in the Petition for Order of Complete Settlement dated: OR as follows: NAME OF DISTRIBUTEE RELATIONSHIP TO DECEDENT DISTRIBUTION . MPC 790 (3/1/17) American LegalNet, Inc. www.FormsWorkFlow.com page 2 of 3 Docket No. Estate of: First Name Middle Name Last Name 11. The will is construed as follows: 12. Other: THE COURT DECREES AND ORDERS (select only that requested on the Petition for Order of Complete Settlement): FINAL ACCOUNT/SETTLEMENT 1. The account dated (date) and the distributions as stated therein are approved as the final account and complete settlement of the estate. The Personal Representative is discharged from further claim or demand of any interested person. The account dated (date) is not approved as the final account of the estate. DETERMINATION OF TESTACY 2. The Decedent died intestate. The will has not previously been admitted to formal probate and is hereby so admitted. The will is not admitted to formal probate. DETERMINATION OF HEIRS 3. The Decedent's heirs at law as of date of death are as found above. OTHER 4. 5. The distributee(s) and the distribution(s) are The will is construed as stated herein. approved not approved. 6. The court further orders: Date Justice Magistrate American LegalNet, Inc. www.FormsWorkFlow.com MPC 790 (3/1/17) page 3 of 3