Overview
Barnstable County is located in Massachusetts with a population of approximately 232,570. The Barnstable Probate and Family Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Massachusetts probate is governed by the Massachusetts Uniform Probate Code (MUPC), M.G.L. c. 190B. The process begins with filing a Petition for Formal Probate (MPC 160) or Informal Probate (MPC 150) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For small estates valued at $25,000 or less (excluding the value of one vehicle), Massachusetts offers a simplified procedure known as Voluntary Administration. This process is faster and less expensive than formal probate.
Massachusetts does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable based on services rendered.
This guide provides an informational overview of the Barnstable County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Barnstable Probate and Family Court
Probate matters in Barnstable County are handled at the Barnstable Probate and Family Court.
Address: 3195 Main Street, P.O. Box 346, Barnstable, MA 02630
Phone: (508) 375-6710 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in the Barnstable County Complex. The Probate and Family Court Department handles matters concerning wills, administrations, guardianships, conservatorships, and change of name.
Parking and Access
Free public parking is available within the court complex. The courthouse is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: If the estate consists entirely of personal property valued at $25,000 or less (excluding one car), you may file a Voluntary Administration Statement.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass directly to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file the appropriate petition (e.g., Petition for Informal Probate of Will and/or Appointment of Personal Representative, Form MPC 150) with the Barnstable Probate and Family Court. Include:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- Petition for Probate (Formal or Informal)
- Surviving Spouse, Children, Heirs at Law (Form MPC 162)
- Filing fee ($390 for full probate)
- Bond (Form MPC 801)
E-filing is available for many case types via eFileMA.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Citation) to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (for formal probate) or 7 days before the petition is allowed (for informal probate).
- Publish notice in a newspaper of general circulation in Barnstable County (such as the Barnstable Patriot or Cape Cod Times) if required by the court or if heirs are unknown.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing. Informal probate typically does not require a hearing if all paperwork is in order. Once approved, the court issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 1 year from the date of death to file claims)
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims and expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Barnstable County-Specific Procedures
- E-filing: Barnstable County accepts e-filing for probate matters through the state's eFileMA system.
- Publication: Notice is typically published in the Barnstable Patriot or Cape Cod Times. The petitioner is responsible for the cost of publication.
- Local Rules: Be aware of the specific notice requirements for the Cape Cod area, as publication costs can vary.
- Drop Box: A secure drop box may be available at the courthouse entrance for filings during business hours (verify current availability).
Timeline & Fees
Filing Fees (Barnstable County)
- Petition for Probate (Formal or Informal): $390 ($375 filing fee + $15 surcharge)
- Voluntary Administration: $115 ($100 filing fee + $15 surcharge)
- Certified copies of Letters: approximately $25 per certified copy
- Publication costs: approximately $150-$250 depending on the newspaper
- General Petition: $165
Payment Methods
The court accepts cash, checks (payable to "Commonwealth of Massachusetts"), money orders, and credit cards (for e-filing or in-person with a surcharge).
Estimated Timelines
- Simple estates (Informal Probate): 6-12 months (creditor claim period is 1 year)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The estate generally must remain open for at least one year from the date of death to allow for creditor claims.
Local Resources
Barnstable County Court Resources
- Court Website: Barnstable Probate and Family Court
- Probate Self-Help: Massachusetts Court System Self-Help
- MA Probate Forms: Probate and Family Court Forms
Legal Aid and Attorney Referrals
- Barnstable County Bar Association: (508) 362-2121 — Lawyer referral service
- South Coastal Counties Legal Services: (508) 775-7020 — Legal aid for low-income residents
- MassBar Lawyer Referral Service: massbar.org
Publication
- Barnstable Patriot: (508) 771-1427 — Local legal notices
- Cape Cod Times: (508) 775-1200 — Newspaper of general circulation