Overview
Dukes County is located in Massachusetts with a population of approximately 21,000. The Dukes 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 Probate of Will with Appointment of Personal Representative (Form MPC 160) or a Petition for Informal Probate of Will with Appointment of Personal Representative (Form 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.
Massachusetts offers a simplified procedure known as Voluntary Administration for small estates valued at $25,000 or less (excluding the value of one motor vehicle), provided the decedent was a Massachusetts resident.
There are no statutory attorney fees in Massachusetts; fees must be reasonable based on the services provided. Personal representatives are also entitled to reasonable compensation.
This guide provides an informational overview of the Dukes 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
Dukes Probate and Family Court
Probate matters in Dukes County are handled at the Dukes County Courthouse.
Address: 81 Main St., Edgartown, MA 02539 (Mailing: P.O. Box 237, Edgartown, MA 02539)
Phone: (508) 627-4703 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in the historic Dukes County Courthouse in downtown Edgartown. It serves all towns on Martha's Vineyard and the Elizabeth Islands.
Parking and Access
There is a free parking lot located behind the courthouse, as well as free street parking in the surrounding area. The courthouse is accessible via the Vineyard Transit Authority (VTA) on Routes 1, 6, 8, and 13.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: If the estate consists of personal property valued at $25,000 or less (excluding one car) and the decedent was a MA resident, you may file a Voluntary Administration Statement after 30 days have passed since death.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving 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., Form MPC 150 for Informal or Form MPC 160 for Formal) with the Dukes Probate and Family Court. Include:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- Petition for Appointment of Personal Representative
- Bond (Form MPC 801)
- Military Affidavit
- Filing fee ($390 for full probate)
E-filing is available for many probate case types via eFileMA.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Citation) to all heirs, beneficiaries, and interested parties at least 7 days before the hearing (for formal probate) or as directed by the court.
- Publish notice in a newspaper of general circulation in Dukes County (such as the Vineyard Gazette or Martha's Vineyard Times) if required by the court order.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. Informal probate is an administrative process handled by a magistrate and typically does not require a hearing unless contested. Once approved, the court issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify the Division of Medical Assistance (MassHealth)
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims (creditors have 1 year from date of death to file claims)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Dukes County-Specific Procedures
- E-filing: Dukes Probate and Family Court participates in the Massachusetts e-filing system (eFileMA).
- Publication: Notice is typically published in the Vineyard Gazette or Martha's Vineyard Times.
- Mailing Address: Note that mail should be sent to P.O. Box 237, Edgartown, MA 02539, rather than the street address.
Always check with the Register of Probate for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Dukes County)
- Petition for Probate (Formal or Informal): approximately $390 ($375 fee + $15 surcharge)
- Voluntary Administration: approximately $115 ($100 fee + $15 surcharge)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Petition for Sale of Real Estate: approximately $375
Payment Methods
The court accepts cash, checks, money orders, and credit cards (subject to convenience fees). Checks should be made payable to the "Commonwealth of Massachusetts."
Estimated Timelines
- Simple estates (Informal): 2-6 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 1 year from the date of death to file claims against the estate, which often sets the minimum duration for closing an estate.
Local Resources
Dukes County Court Resources
- Court Website: mass.gov
- Probate Self-Help: Massachusetts Court System Self-Help
- Massachusetts Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Dukes County Bar Association: (508) 627-4703 — Contact the court for local bar info
- South Coastal Counties Legal Services: (800) 244-9023 — Legal aid for low-income residents
- MassBar Lawyer Referral Service: massbar.org
Publication
- Vineyard Gazette: (508) 627-4311 — Legal Notices
- Martha's Vineyard Times: (508) 693-6100 — Legal Notices