Overview
Hampden County is located in Massachusetts with a population of approximately 464,000. The Hampden 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 (MPC 160) or Petition for 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 one motor 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 the services performed.
This guide provides an informational overview of the Hampden 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
Hampden Probate and Family Court
Probate matters in Hampden County are handled at the Hampden Probate and Family Court.
Address: 50 State Street, P.O. Box 559, Springfield, MA 01102
Phone: (413) 748-7760 (Register's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The court is located in downtown Springfield. The Register's Office processes all probate filings.
Parking and Access
There are several paid parking garages near the courthouse, as well as metered street parking. The court is also accessible via public transportation using PVTA bus routes (Blue 6, Blue 7, Green 1). Security screening is required for entry.
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 after 30 days have passed since death.
- Joint Tenancy/Survivorship: Assets owned 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., Petition for Formal Probate MPC 160) with the Hampden Probate and Family Court. Include:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- Petition for Appointment of Personal Representative
- Filing fee ($390 for full probate)
- Bond (MPC 801)
- Military Affidavit
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 14 days before the hearing (for formal probate) or as directed by the court.
- Publish notice in a newspaper of general circulation in Hampden County (such as The Republican) if required by the court order.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues the Decree and Order appointing the Personal Representative. Informal probate is often processed administratively without a hearing if uncontested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 1 year from 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 (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
Hampden County-Specific Procedures
- E-filing: Hampden County participates in the Massachusetts e-filing system (eFileMA), allowing attorneys and self-represented litigants to file documents electronically.
- Publication: Notice is typically published in The Republican, The Reminder, or other local newspapers designated by the Register.
- Satellite Office: The court maintains a satellite office in Chicopee, though most filings go to the main Springfield location.
Always check with the Register's Office for the most current local protocols regarding remote hearings and document submission.
Timeline & Fees
Filing Fees (Hampden County)
- Petition for Probate (Formal or Informal): approximately $390 ($375 filing fee + $15 surcharge)
- Voluntary Administration: approximately $115 ($100 filing fee + $15 surcharge)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $100-$300 depending on the newspaper
- Petition for Late and Limited Formal Testacy: $390
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 (Voluntary Administration): 1-3 months
- Average estates (Informal/Formal): 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors in Massachusetts have 1 year from the date of death to file claims, which often keeps estates open for at least that duration.
Local Resources
Hampden County Court Resources
- Court Website: mass.gov
- Probate Self-Help: Massachusetts Court System Self-Help
- MA Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Hampden County Bar Association: (413) 732-4660 — Lawyer Referral Service
- Community Legal Aid: (855) 252-5342 — Legal aid for low-income residents
- MassBar Lawyer Referral: massbar.org
Publication
- The Republican: (413) 788-1000 — Major daily newspaper
- The Reminder: (413) 525-6661 — Weekly community newspaper