To get letters testamentary in Massachusetts, file a petition to probate the will in the Probate and Family Court for the county where the deceased person lived, together with the original will, a certified death certificate, the required notices, and a $390 filing fee. If the estate qualifies for informal probate, a magistrate can review the paperwork without a hearing and issue the letters as early as seven days after the date of death. Until the court signs that order, no one — not even the person named in the will — has legal authority to move money, sell property, or pay bills for the estate.
What Letters Testamentary Actually Do
Letters testamentary are the court order that appoints the executor named in a will and gives that person authority to act for the estate. Banks, brokerages, insurance companies, and title companies will ask for a certified copy before they release funds or transfer property.1Mass.gov. Massachusetts General Laws c.190B 3-103 – Necessity of Appointment for Administration Without the letters, the executor has no standing to collect assets, deal with creditors, or distribute anything.
If the person died without a will, what the court issues is called letters of administration, and the appointee is a personal representative rather than an executor. The path to appointment is different because the court has to sort out priority among relatives. Everything below assumes there is a valid will.
Which Track: Informal or Formal Probate
Massachusetts runs two probate tracks, and the one you file under decides how quickly the letters land in your hands.
Informal Probate
Informal probate is the faster route. A magistrate reviews the filing on paper, and an order can issue as early as the seventh day after the date of death. To qualify, all of these have to be true: you have the original will and an official death certificate, you know who and where every heir and beneficiary is, the person seeking appointment has legal priority, and no interested party is contesting the will or the appointment.2Mass.gov. Learn About the Types of Probate for an Estate
Formal Probate
Formal probate goes in front of a judge and involves one or more hearings. You need it when the will you have is a copy rather than the original, when the document has handwritten additions or crossed-out language, when the terms are ambiguous, when someone is contesting the will, or when the person seeking appointment doesn’t have priority. Formal probate is also required when a minor or incapacitated heir needs representation in the proceeding.2Mass.gov. Learn About the Types of Probate for an Estate
Whichever track you’re on, the court will check that the will meets Massachusetts execution requirements: in writing, signed by the testator (or by someone else at the testator’s direction and in the testator’s presence), and signed by at least two witnesses who saw either the signing or the testator’s acknowledgment of the signature.3Mass.gov. Massachusetts General Laws c.190B 2-502 – Execution of Wills
What to File
For informal probate, you file with the Probate and Family Court in the county where the deceased person lived. The core documents are:
- Petition for Informal Probate (MPC 150), covering the deceased, the estate, and the person seeking appointment.
- The original will. A photocopy will push you into formal probate.
- A certified death certificate from the city or town clerk or the Massachusetts Registry of Vital Records.
- The list of heirs and devisees (MPC 162 and MPC 163), identifying the surviving spouse, children, heirs at law, and anyone named in the will.
- Notice of Informal Probate (MPC 550), showing that you gave written notice to all interested parties at least seven days before filing.
- Publication Notice (MPC 551), the notice to unknown creditors.
The petition also has to include a verified statement covering specific items required by statute: the petitioner’s interest, confirmation that a copy of the petition and death certificate were sent to the Division of Medical Assistance by certified mail, and a statement that the filing is within three years of the date of death.5Mass.gov. Massachusetts General Laws c.190B 3-301 – Informal Probate or Appointment Proceedings; Petition; Contents
The Filing Fee
The informal probate petition costs $375, plus a mandatory $15 surcharge, for a total of $390. Later filings, like the executor’s account, carry additional fees keyed to the gross value of the estate, ranging from no fee for estates of $1,000 or less up to $3,500 for estates over $10 million.6Mass.gov. Probate and Family Court Filing Fees
The Seven-Day Clock
Two seven-day rules control how fast you can be appointed. First, you have to give written notice of the informal probate to every interested party at least seven days before you file. Second, the magistrate cannot act on the petition until seven days after the date of death. In practice, that means the earliest realistic appointment is about a week after the death, and only if the notice window has already closed by the time you file.
Anyone with an interest in the estate can object during the informal process. If someone does, the case moves out of the informal track and into formal probate, and the timeline stretches accordingly.
Bond and Surety
Massachusetts always requires the executor to post a bond, but the surety — the insurance company standing behind that bond — can be waived. A waiver applies when the will directs that no surety is needed, when every beneficiary files a written waiver, or when the court finds sureties are not in the estate’s best interest. When surety is required, the bond amount equals the executor’s best estimate of the personal property in the estate, and the court can adjust the amount later.7Mass.gov. Massachusetts General Laws c.190B 3-603 Bond premiums are an estate expense, and most Massachusetts wills waive the surety requirement to spare the family that cost.8Mass.gov. Massachusetts General Laws c.190B 3-604
Before the court issues the letters, the bond has to be on file. If your will doesn’t waive surety and the beneficiaries won’t agree, budget time to line up a bonding company.
When You May Not Need Letters at All
If the deceased left only personal property (no real estate) worth $25,000 or less, excluding the value of one car, the estate can go through voluntary administration instead of full probate. The filing is a Voluntary Administration Statement (MPC 170) along with a certified death certificate and the original will if there is one. The fee is $115 ($100 plus the $15 surcharge), and the process is significantly faster and simpler.9Mass.gov. File a Voluntary Administration for an Estate Voluntary administration does not produce letters testamentary; it produces a different, narrower authority. If any real estate is involved, or if the personal property is above the threshold, you’re back to the informal or formal probate process.
After the Letters Issue
Once the court signs the order, ask the Register of Probate for certified copies. You will hand those out one at a time to each bank, brokerage, and title company that needs proof of your authority. Many executors order several at the start rather than making repeat trips.
The letters are the beginning of the job, not the end of it. As soon as you’re appointed, you take on fiduciary duties owed to the estate and the beneficiaries at the same standard as a trustee of an express trust, with personal liability for a breach.10General Court of Massachusetts. Massachusetts General Laws Chapter 190B Section 3-712 – Improper Exercise of Power; Breach of Fiduciary Duty Under the Massachusetts Uniform Probate Code, an executor acting reasonably and for the benefit of interested persons has broad statutory authority to retain assets, invest liquid funds prudently, enter into leases, dispose of personal property, make repairs, and settle the deceased person’s contracts, unless the will or a court order in a formal proceeding restricts those powers.11General Court of Massachusetts. Massachusetts General Laws Chapter 190B Section 3-715 – Transactions Authorized for Personal Representatives; Exceptions
Real estate is the significant exception. The executor’s general powers cover personal property, but a sale of real property may require a separate petition to the court under Massachusetts General Laws Chapter 202. Don’t assume the letters alone let you list and sell the deceased person’s house.12Mass.gov. Probate and Family Court Petition for Sale of Real Estate (MPC 210)
One early practical step: apply to the IRS for an Employer Identification Number using Form SS-4. The estate is a separate tax entity, and you’ll need the EIN to open an estate bank account and file returns.13Internal Revenue Service. Information for Executors The application is free and can be done online.
Most estates take several months to close even when nothing goes wrong. The letters are what get you to the starting line.