Overview
Hampshire County is located in Massachusetts with a population of approximately 162,308. The Hampshire 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) (G.L. c. 190B). The process often begins with filing a Petition for Informal Probate of Will and/or Appointment of Personal Representative (Form MPC 150) or a Petition for Formal Probate (Form 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).
Voluntary Administration is available for small estates valued at $25,000 or less (excluding the value of one motor vehicle) where there is no real estate requiring probate. This simplified process involves filing a Voluntary Administration Statement (Form MPC 170) after 30 days have passed since the death.
Massachusetts does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be "reasonable" based on factors like time spent and complexity.
This guide provides an informational overview of the Hampshire 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
Hampshire Probate and Family Court
Probate matters in Hampshire County are handled at the Hampshire Probate and Family Court in Northampton.
Address: 15 Atwood Drive, Northampton, MA 01060
Phone: (413) 586-8500 (Register's Office)
Hours: Monday: 8:30 AM to 4:30 PM; Tuesday–Friday: 8:00 AM to 4:30 PM
The court is located in a modern facility off I-91 (Exit 18). The Probate and Family Court Department handles estates, wills, trusts, guardianships, and family law matters.
Parking and Access
There is ample free parking available in the lot directly at the courthouse (15 Atwood Drive). The building is fully accessible. Public transportation is available via PVTA bus routes that stop near Atwood Drive.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal or informal probate is required:
- Voluntary Administration: For estates valued at $25,000 or less (excluding one car) with no real estate. Filed using Form MPC 170 after a 30-day waiting period.
- Non-Probate Transfers: Assets with designated beneficiaries (life insurance, IRAs) or held in joint tenancy pass directly to survivors.
- 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 Hampshire Probate and Family Court. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Survival of Spouse/Heirs-at-Law (Form MPC 162)
- Devisees (Form MPC 163)
- Bond (Form MPC 801)
- Filing fee ($375 for the petition + $15 surcharge)
- Military Affidavit (Form MPC 470)
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) or 7 days before the petition is allowed (for informal).
- Publish notice in a newspaper of general circulation in Hampshire County (typically the Daily Hampshire Gazette) if required by the court or if the address of any interested person is unknown.
Step 4: Attend the Hearing
For Informal Probate, a hearing is usually not required if paperwork is in order; a magistrate can approve it administratively. For Formal Probate, a hearing is scheduled. The judge reviews the petition and, if approved, issues the 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 (including MA Estate Tax if applicable).
- Distribute assets to beneficiaries.
- File a Closing Statement (Form MPC 850) to close the estate.
Local Requirements
Hampshire County-Specific Procedures
- E-filing: Hampshire Probate and Family Court accepts e-filings through the state's eFileMA system. Visit the Massachusetts Probate and Family Court e-filing page for more information.
- Virtual Registry: The court operates a Virtual Registry for remote assistance (check the court website for current Zoom links and hours).
- Bond Requirements: A bond is required for all estates. If the will waives sureties, or all heirs/beneficiaries consent, a bond without sureties (personal recognizance) is usually accepted.
- Publication: The Daily Hampshire Gazette is the most common newspaper for probate notices in Northampton and surrounding towns.
Always check with the Register of Probate for the most current local standing orders.
Timeline & Fees
Filing Fees (Hampshire County)
- Petition for Probate (Formal or Informal): $375 + $15 surcharge ($390 total)
- Voluntary Administration Statement: $115 ($100 + $15 surcharge)
- Certified copies of Letters: $20 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Petition for Guardianship/Conservatorship: $240
Payment Methods
The court accepts cash, attorney's checks, certified checks, and money orders payable to the "Commonwealth of Massachusetts." Personal checks are generally not accepted from pro se filers. Credit cards may be accepted for e-filing or at specific terminals (fees apply).
Estimated Timelines
- Voluntary Administration: 2-4 weeks for processing.
- Informal Probate: 1-2 months (if uncontested).
- Formal Probate: 6-12 months (average).
- Creditor Claim Period: 1 year from the date of death.
- Complex or contested estates: 12 months to 2+ years.
Local Resources
Hampshire County Court Resources
- Court Website: Hampshire Probate and Family Court
- Probate Self-Help: MA Court Service Centers
- Massachusetts Probate Forms: Probate and Family Court Forms for Wills, Estates and Trusts
Legal Aid and Attorney Referrals
- Hampshire County Bar Association: (413) 586-8729 — Lawyer Referral Service
- Community Legal Aid (Northampton): (413) 584-4034 — Provides free legal services to eligible low-income residents.
- MassBar Lawyer Referral Service: masslawhelp.com
Publication
- Daily Hampshire Gazette: (413) 584-5000 — gazettenet.com
- The Republican: (413) 788-1000 — masslive.com