The Massachusetts Instructions for MPC 161 Petition for Late and Limited Formal Testify and/or Appointment are a set of guidelines and forms used to initiate a process to appoint an executor or administrator for an estate where the decedent died without a will. This petition is used when a will exists but is inadequate to provide for the distribution of the decedent's estate. This petition must be filed in court and includes the following steps: 1. Filing the Petition: The petitioner must file a Petition for Late and Limited Formal Testify and/or Appointment in the probate court in the county where the decedent was domiciled at the time of death. This petition must include the decedent's name, address, date of death, and the names of the proposed executor/administrator and their address. 2. Notice: Notice of the petition must be given to the decedent's heirs and devises, as identified in the will or in the intestacy statute. 3. Hearing: After the petition has been filed and notice has been given, a hearing will be scheduled. At the hearing, the court will examine the petition and any objections that have been filed. The court will then decide whether to grant the petition and appoint the executor/administrator. Types of Massachusetts Instructions for MPC 161 Petition for Late and Limited Formal Testify and/or Appointment: 1. Petition for Late and Limited Formal Testify — This petition is used when a will exists, but it is inadequate to provide for the distribution of the decedent's estate. 2. Petition for Limited Formal Appointment — This petition is used when the decedent died without a will.