Overview
Nantucket County is located in Massachusetts with a population of approximately 14,670. The Nantucket 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) 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 a simplified procedure known as Voluntary Administration. This is available if the estate consists entirely of personal property valued at $25,000 or less (excluding the value of one car) and there is no real estate requiring 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 Nantucket 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
Nantucket Probate and Family Court
Probate matters in Nantucket County are handled at the Nantucket Probate and Family Court.
Address: 16 Broad St., 2nd Floor, Nantucket, MA 02554
Phone: (508) 228-2669 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The court is located on the second floor of the Town & County Building. It serves the town and county of Nantucket.
Parking and Access
Limited metered street parking is available in the downtown Nantucket area surrounding the courthouse. Public transportation is available via the Nantucket Regional Transit Authority (The Wave) during operating seasons. Visitors must pass through security screening upon entering the building.
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 vehicle) with no real estate. This is a simplified process filed using the Voluntary Administration Statement (Form MPC 170).
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the survivor.
- 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 a Petition for Probate (Form MPC 150) with the Nantucket Probate and Family Court. Include:
- Petition for Probate (MPC 150)
- Original will and codicils (if any)
- Certified copy of the death certificate
- Filing fee ($390 for full probate)
- Bond (MPC 480)
- Military Affidavit (MPC 470)
E-filing is available for some case types in Massachusetts, but many initial probate petitions are still filed by mail or in person.
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 Nantucket County, typically The Inquirer and Mirror, if required by the court or for formal probate.
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 and Letters of Authority. Informal probate may be processed administratively by a magistrate without a hearing if uncontested.
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 estate expenses
- File federal and state tax returns as needed (including MA estate tax if applicable)
- Distribute assets to beneficiaries
- File a final accounting and petition to close the estate
Local Requirements
Nantucket County-Specific Procedures
- Newspaper of General Circulation: Probate notices are typically published in The Inquirer and Mirror.
- E-Filing: Massachusetts is rolling out e-filing (eFileMA), but check with the Nantucket Register's office for current mandatory or optional e-filing rules for new probate estates.
- Local Rules: Nantucket follows the Massachusetts Uniform Probate Code, but local scheduling practices for hearings may vary. It is advisable to call the Register's office to confirm hearing availability.
- Mailing: All filings can be mailed to P.O. Box 1116, Nantucket, MA 02554.
Timeline & Fees
Filing Fees (Nantucket County)
- Petition for Probate (Formal/Informal): $390 ($375 fee + $15 surcharge)
- Voluntary Administration (Small Estate): $115 ($100 fee + $15 surcharge)
- Certified copies of Letters: $20 per copy
- Publication costs: approximately $150-$300 depending on the length of the notice
- 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 transactions but often carry a convenience fee.
Estimated Timelines
- Voluntary Administration: 2-4 weeks
- Informal Probate (Uncontested): 1-3 months to open
- Formal Probate: 4-6 months to open (depending on hearing dates)
- Estate Settlement: Typically 12-18 months (creditor period is 1 year from death)
Local Resources
Nantucket County Court Resources
- Court Website: mass.gov/locations/nantucket-probate-and-family-court
- Probate Self-Help: mass.gov/probate-and-family-court
- MA Probate Forms: mass.gov/guides/probate-and-family-court-forms
Legal Aid and Attorney Referrals
- Nantucket Bar Association: Local attorney listings
- Massachusetts Bar Association Referral: massbar.org
- South Coastal Counties Legal Services: (800) 244-9023 — Legal aid for eligible low-income residents
Publication
- The Inquirer and Mirror: (508) 228-0001 — ack.net