About PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT
To petition for late and limited formal testacy proceedings and/or appointment of a personal representative for an estate where no proceeding has occurred within three years of death.
When you'd use it: When an interested person needs to confirm title to estate assets and pay administration expenses more than three years after the decedent's death, under Massachusetts G.L. c. 190B § 3-108(4).
Where to get the official form
PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT is published through the Massachusettscourts' official forms page. Open it to find and download the current version directly from the court rather than a third-party copy:
Official court source
Open the official Massachusetts forms page →
Source: courtforms.jud.state.ma.us
Link last checked: June 27, 2026
How to file PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT in Massachusetts
- Step 1 — Confirm you have the correct formUse PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT (MPC 161) when when an interested person needs to confirm title to estate assets and pay administration expenses more than three years after the decedent's death, under Massachusetts G.L. c. 190B § 3-108(4). Double-check it's the right form for your situation — Massachusetts probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit PETITION FOR LATE AND LIMITED FORMAL TESTACY and/or APPOINTMENT to the probate court or county clerk handling the estate — usually in the Massachusetts county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).