Overview
Bristol County is located in Massachusetts with a population of approximately 588,593. The Bristol 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). The process begins with filing a Petition for Formal or Informal Probate (MPC 150 or MPC 160) 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 smaller estates, Massachusetts offers a simplified procedure known as Voluntary Administration. This is available if the estate consists entirely of personal property valued at $25,000 or less (excluding the value of one motor vehicle) and there is no real estate requiring 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 Bristol 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
Bristol Probate and Family Court
Probate matters in Bristol County are primarily handled at the Taunton Courthouse.
Address: 40 Broadway, Suite 240, Taunton, MA 02780
Phone: (508) 977-6040 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court also maintains satellite locations in Fall River (289 Rock Street) and New Bedford (505 Pleasant Street), but the Taunton location is the main registry.
Parking and Access
Metered street parking is available surrounding the Taunton courthouse. There are also municipal parking lots within walking distance. Be prepared for security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: If the estate contains no real estate and personal property is valued at $25,000 or less (excluding one car), you may file a Voluntary Administration Statement after a 30-day waiting period.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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., MPC 150 for Informal or MPC 160 for Formal) with the Bristol Probate and Family Court. Include:
- Original Will and Codicils (if any)
- Certified Copy of Death Certificate
- Petition for Appointment of Personal Representative
- Bond (MPC 480)
- Military Affidavit
- Filing fee ($390 total for petition + surcharge)
E-filing is available via eFileMA but is not mandatory for all filers at this time.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Citation) to all heirs, beneficiaries, and interested parties as directed by the court (typically at least 7 days before a hearing for formal probate, or 7 days before the petition is allowed for informal).
- Publish notice in a newspaper of general circulation in Bristol County (such as The Taunton Gazette or The Herald News) if required by the court order.
Step 4: Attend the Hearing
For Informal Probate, a hearing is often not required if all paperwork is in order and uncontested; a magistrate can approve it administratively. For Formal Probate, a hearing is scheduled. Once approved, the court issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Massachusetts has a 1-year statute of limitations for creditor claims).
- Inventory and appraise all estate assets within 3 months.
- Pay valid creditor claims and expenses.
- File federal and state tax returns (including MA estate tax if applicable).
- Distribute assets to beneficiaries.
- File a final accounting and petition to close the estate.
Local Requirements
Bristol County-Specific Procedures
- E-filing: The court accepts filings via the eFileMA system.
- Payment: The registry accepts cash, checks, money orders, and credit cards (Visa/MasterCard) for in-person filings.
- Satellite Offices: While filings can often be made at satellite offices in Fall River or New Bedford, it is recommended to check with the main Taunton registry for specific case assignments.
- Publication: Notice must be published in a newspaper designated by the court, typically one serving the town where the decedent lived (e.g., The Standard-Times for New Bedford area, The Herald News for Fall River area).
Always check with the Register of Probate for the most current local protocols.
Timeline & Fees
Filing Fees (Bristol County)
- Petition for Probate (Formal or Informal): $375 + $15 surcharge ($390 total)
- Voluntary Administration Statement: $100 + $15 surcharge ($115 total)
- Citation: $15
- Certified copies of Letters: $20 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, American Express, Discover). Checks should be made payable to the "Commonwealth of Massachusetts."
Estimated Timelines
- Simple estates (Informal): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Note: The creditor claim period in Massachusetts is 1 year from the date of death, which often keeps estates open for at least that duration.
Local Resources
Bristol County Court Resources
- Court Website: mass.gov/locations/bristol-probate-and-family-court
- Probate Self-Help: mass.gov/probate-of-wills-and-estates
- MA Probate Forms: mass.gov/guides/probate-and-family-court-forms
Legal Aid and Attorney Referrals
- Bristol County Bar Association: (508) 990-1303 — Lawyer referral service
- South Coastal Counties Legal Services: (800) 244-9023 — Legal aid for low-income residents
- MassBar Lawyer Referral Service: masslawhelp.com
Publication
- The Taunton Gazette: (508) 967-3100 — General circulation in Taunton area
- The Herald News: (508) 676-2500 — General circulation in Fall River area
- The Standard-Times: (508) 997-7411 — General circulation in New Bedford area