Part of setting up the formal probate process is getting the acting executor approved by the probate court. Moreover, for that to happen, the acting executor will need to sign a few documents.

Completing the Formal Probate Set Up Process

As stated in the article Setting up the Formal Probate Process Part 1, the attorney had to prepare a few documents for me to sign. The documents were as follows:

1. Petition for Formal Probate (MPC160)
2. Bond (MPC801)
3. Military Affidavit (MPC470)
4. Citation Return of Service (MPC560)

After I signed the forms, the attorney informed me of the tasks that needed completion, which included the following:

• Correspond with all the beneficiaries to let them know they are part of the estate. 

• Send out assent forms to all the beneficiaries to sign and approve of my appointment as executor.

• Send a notice of death to the local newspapers so that creditors will have notice of the death. This will give the creditors a year to make a claim on the estate if the decedent owed them.

• Once the beneficiaries returned the assent forms and the notice of death published, the attorney will send the paperwork to the probate court.

About a month after sending the paperwork to the probate court, the acting executor will receive a letter from the probate court titled Letters of Authority for Personal Representative. At that point, the executor will have the authority to settle the estate.

Was this article helpful? Share your comments or questions in the comment box below.

Notes:

The formal probate forms that needed my signature were part of the Massachusetts Uniform Probate Code. So, the forms may be different in states other than Massachusetts. Massachusetts follows the Massachusetts Uniform Probate Code (MUPC) to set guidelines for the probate process. Click here to read the MUPC Estate Administration Procedural Guide related to Massachusetts Estates.