Overview
Middlesex County is located in Massachusetts with a population of approximately 1,668,956. The Middlesex 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 begins with filing a Petition for Formal Probate (MPC 160) or 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.
Massachusetts offers a simplified procedure known as Voluntary Administration for small estates valued at $25,000 or less (excluding one motor vehicle). 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 services rendered.
This guide provides an informational overview of the Middlesex 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
Middlesex Probate and Family Court
Probate matters in Middlesex County are primarily handled at the Middlesex Probate and Family Court (South) in Woburn. There is also a satellite location in Lowell (North).
Address: 10-U Commerce Way, Woburn, MA 01801
Phone: (781) 865-4000 (Register's Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The court is divided into South (Woburn) and North (Lowell) sessions, but filings are typically processed centrally. The Woburn location is the primary administrative hub.
Parking and Access
Free parking is available on-site at the Woburn courthouse. The facility is wheelchair accessible. Security screening is required for all visitors upon 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.
- 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 Informal Probate of Will and/or Appointment of Personal Representative, MPC 150) with the Middlesex Probate and Family Court. Include:
- Petition for Probate (MPC 150 or MPC 160)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($390 for full probate)
- Affidavit of Domicile (if required)
E-filing is available for certain case types in Massachusetts Probate and Family Courts.
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 (or as directed by the citation).
- Publish notice in a newspaper of general circulation in Middlesex County (such as The Lowell Sun or The MetroWest Daily News) if required by the court or for formal probate.
Step 4: Attend the Hearing
For informal probate, a hearing may not be required if all paperwork is in order. For formal probate, the court will schedule a hearing. If approved, the judge 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 of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Closing Statement or Petition for Order of Complete Settlement
Local Requirements
Middlesex County-Specific Procedures
- E-filing: Massachusetts allows e-filing for certain probate matters via eFileMA.
- Bond requirements: A surety bond is often required unless waived by the will or all heirs/beneficiaries.
- Local court rules: Middlesex County may have specific scheduling practices for motion sessions; check with the Register's office.
- Publication: Notice must be published in a newspaper of general circulation in Middlesex County, such as The Lowell Sun, The MetroWest Daily News, or The Sentinel & Enterprise.
Always check with the Register of Probate for the most current local standing orders.
Timeline & Fees
Filing Fees (Middlesex 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-$250 depending on the newspaper
- Citation fee: included in filing fee or nominal
Massachusetts does not set statutory percentage fees for attorneys or personal representatives; fees must be "reasonable."
Payment Methods
The court accepts cash, checks (payable to "Commonwealth of Massachusetts"), money orders, and credit/debit cards (in person, subject to surcharge).
Estimated Timelines
- Simple estates (Voluntary Administration): 2-4 months
- Average estates (Informal Probate): 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Massachusetts is 1 year from the date of death, which often sets the minimum duration for closing an estate.
Local Resources
Middlesex County Court Resources
- Court Website: mass.gov/locations/middlesex-probate-and-family-court-south-woburn
- Probate Self-Help: mass.gov/probate-and-family-court-help
- Massachusetts Probate Forms: mass.gov/guides/probate-and-family-court-forms
Legal Aid and Attorney Referrals
- Middlesex County Bar Association: (781) 939-2797 — Lawyer referral service
- Massachusetts Bar Association: (617) 338-0500 — Lawyer Referral Service
- Volunteer Lawyers Project: vlpnet.org
Publication
- The Lowell Sun: (978) 458-7100 — Legal notices
- The MetroWest Daily News: (508) 626-3800 — Legal notices