Overview
Franklin County is located in Massachusetts with a population of approximately 71,000. The Franklin 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 (Form 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 Voluntary Administration, a simplified process available if the estate consists entirely of personal property valued at $25,000 or less (excluding one motor vehicle).
Massachusetts does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Franklin 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
Franklin Probate and Family Court
Probate matters in Franklin County are handled at the Franklin County Justice Center.
Address: 43 Hope Street, Greenfield, MA 01302
Phone: (413) 774-7011 (Probate & Family Court Department)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The court is located in downtown Greenfield. The Probate and Family Court department handles estate administration, guardianships, and family law matters.
Parking and Access
There is a public parking lot available on Hope Street near the courthouse. Metered street parking is also available on surrounding streets. The building is wheelchair accessible.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: For estates valued at $25,000 or less (excluding one car), you may file a "Voluntary Administration Statement" rather than a full probate petition.
- Joint Tenancy & Beneficiary Designations: Assets held jointly or with named beneficiaries (like life insurance or 401ks) generally pass outside of probate.
- 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 with the Franklin Probate and Family Court. Include:
- Petition for Probate (MPC 150 for Formal or MPC 160 for Informal)
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing Fee ($390 for full probate; $115 for Voluntary Administration)
- Bond (MPC 480)
- Military Affidavit
Massachusetts allows for e-filing in some probate matters, but many initial pleadings are still filed in paper or by mail.
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).
- Publish notice in a newspaper of general circulation in Franklin County (typically The Greenfield Recorder) if required by the court citation.
Step 4: Attend the Hearing
For Informal Probate, a magistrate can often approve the petition without a hearing if paperwork is in order. For Formal Probate, a hearing is scheduled. If 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 (including MA estate tax if applicable)
- Distribute assets to beneficiaries
- File a Closing Statement or Petition for Order of Complete Settlement to close the estate
Local Requirements
Franklin County-Specific Procedures
- Local Newspapers: The court typically requires publication in The Greenfield Recorder for estates in Greenfield and surrounding towns.
- E-filing: Massachusetts utilizes eFileMA for certain subsequent filings, though initial case openings often require physical documents.
- Court Clinics: The court may offer "Lawyer for the Day" programs or help desks; check with the registry for current schedules.
- Publication: Notice must be published in a newspaper of general circulation in Franklin County.
Always check with the Register of Probate for the most current local rules regarding virtual hearings vs. in-person appearances.
Timeline & Fees
Filing Fees (Franklin County)
- Petition for Probate (Formal or Informal): $375 + $15 surcharge ($390 total)
- Voluntary Administration (Small Estate): $100 + $15 surcharge ($115 total)
- Certified copies of Letters: $20 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Petition for Late and Limited Formal Testacy: $390
Payment Methods
The court accepts checks (payable to "Commonwealth of Massachusetts"), money orders, and cash. Credit cards may be accepted for some fees but often carry a surcharge.
Estimated Timelines
- Voluntary Administration: 2-4 weeks
- Informal Probate: 1-3 months (if uncontested)
- Formal Probate: 6-12 months minimum (due to the 1-year creditor claim period)
- Complex or contested estates: 12 months to 2+ years
The Massachusetts creditor claim period is one year from the date of death, which often dictates the minimum duration for closing an estate.
Local Resources
Franklin County Court Resources
- Court Website: mass.gov/locations/franklin-probate-and-family-court
- Probate Self-Help: mass.gov/guides/probate-and-family-court-forms
- Massachusetts Legal Help: masslegalhelp.org
Legal Aid and Attorney Referrals
- Franklin County Bar Association: (413) 773-9839 — Provides a lawyer referral service.
- Community Legal Aid: (855) 252-5342 — Provides free legal services to eligible low-income residents.
Publication
- The Greenfield Recorder: (413) 772-0261 — Primary newspaper for legal notices in the county.