Massachusetts Probate Court
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Table of Contents
Probate is the process that takes place after an individual passes away to sort out their assets or estate. This means figuring out how to pay any debts the deceased owed and deciding who will get the remaining assets. In Massachusetts, probate matters take place in special courts known as Probate and Family Courts. These courts also deal with other related matters, such as guardianship, adoption, and family issues.
How the Probate Process Works in Massachusetts
The probate process begins when a petition is filed in the Probate and Family Court of the county where the decedent, a resident of Massachusetts, once lived. The court validates the will, if one exists, and issues Letters of Authority to the appointed personal representative, whether they are executors or administrators. The process also includes taking inventory and appraisals of estate assets, paying debts and taxes, and distributing assets to beneficiaries.
Massachusetts recognizes formal probate, informal probate, late and limited formal probate, and a simplified process known as voluntary administration. Informal probate may be completed with fewer hearings, making it faster for uncontested estates. Although small estates may be completed more quickly, most probate cases last from nine months to over a year.
What Are the Costs of Probate in Massachusetts?
Typically, probate costs in Massachusetts include filing fees, attorney fees, and compensation for the personal representative. The probate costs may range from $375 to $400, depending on the petition type, filing fees, and the complexity of the case. This fee also includes additional costs for an attorney, personal representatives, or other statutory fees.
Types of Probate Cases in Massachusetts
Massachusetts recognizes four basic types of probate cases. These ares:
- Informal probate offers a simpler process for uncontested estates where there are no significant disputes among the heirs or beneficiaries.
- Formal probate is required when disputes exist and the court needs to oversee the case.
- Late and Limited Formal probate is required when there are valid reasons for delay in a formal probate matter.
- Voluntary administration is available for estates with assets valued at $25,000 or less (excluding vehicles). Here, there is no need for a formal court hearing or appointment of a personal representative.
Massachusetts Probate Court Forms and Filing Instructions
Individuals interested in probate records may contact the clerk’s office of each county court. They may obtain the required forms online from the Massachusetts Probate and Family Court website or in person at the clerk’s offices.
How Massachusetts Probate Courts Work at the County Level
Probate and Family Courts operate in each of Massachusetts’ 14 counties, applying statewide laws but with local administration.
The probate courts in the top 10 counties by population are listed below:
- Middlesex County (Cambridge): The court allows people to file their probate matters online and in person.
- Worcester County (Worcester): The Probate Court serves all the towns and cities in the county.
- Suffolk County (Boston): It provides probate services and a Virtual Registry for residents of the county.
- Essex County (Salem): The court provides probate services to all towns and cities in Essex County.
- Norfolk County (Canton): Here, individuals may receive assistance in the virtual registry and file their probate cases online.
- Bristol County (Taunton): The court allows electronic filing of probate cases and provides public wifi for members of the public at the courthouse.
- Plymouth County (Brockton): Individuals may receive assistance with the virtual registry, and the court also provides more information about probate matters on their website.
- Hampden County (Springfield): The court provides the county residents with probate services, while the Chicopee satellite office remains closed for renovations.
- Barnstable County (Barnstable): The court assists with a virtual registry for residents in towns and cities in Barnstable County.
- Hampshire County (Northampton): This court provides a virtual registry service, e-filing of probate cases, and plenty of free parking spaces.
How to Search Probate Records in Massachusetts
According to the Massachusetts Public Records Law, probate records are considered public unless sealed by court order. Individuals may access probate records in Massachusetts in any of the following ways:
- Through the Massachusetts Trial Court Electronic Case Access System (MassCourts)
- In person at the appropriate county Probate and Family Courts.
- By using the public computer terminal at the courthouse.