Overview
Norfolk County is located in Massachusetts with a population of approximately 726,000. The Norfolk 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 services rendered.
This guide provides an informational overview of the Norfolk 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
Norfolk Probate and Family Court
Probate matters in Norfolk County are handled at the Norfolk Probate and Family Court.
Address: 35 Shawmut Road, Canton, MA 02021
Phone: (781) 830-1200 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in an office park setting in Canton, distinct from the historic courthouses in Dedham. The Probate and Family Court Department handles wills, administrations, guardianships, conservatorships, and change of name petitions.
Parking and Access
There is ample free parking available in the lots located in front of and behind the courthouse building. The facility is accessible, but public transportation options are limited compared to other Boston-area courts.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: If the estate is valued at $25,000 or less (excluding one car) and there is no real estate requiring a personal representative to sell, you may file a Voluntary Administration Statement after 30 days have passed since death.
- Joint Tenancy/Survivorship: Assets held 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 Norfolk Probate and Family Court. Include:
- Petition for Probate (MPC 160 or MPC 150)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375 for formal/informal probate)
- Bond (MPC 480)
- Military Affidavit (MPC 482)
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 Norfolk County (such as The Patriot Ledger) if required by the court citation.
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 is often processed administratively without a hearing if uncontested.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — Massachusetts has a 1-year statute of limitations for creditor 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 (including MA estate tax if applicable).
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Norfolk County-Specific Procedures
- E-filing: Norfolk County accepts e-filing for estate cases through the eFileMA system.
- Bond requirements: A corporate surety bond may be required unless waived by the will or by all interested parties.
- Publication: Notice must be published in a newspaper designated by the Register of Probate, typically a local paper like The Patriot Ledger or The Canton Citizen.
- Court Location: Unlike many MA counties where the probate court is in the county seat's historic center, Norfolk's is in a modern facility in Canton.
Always check with the Register's office for the most current local protocols regarding virtual hearings and document submission.
Timeline & Fees
Filing Fees (Norfolk County)
- Petition for Probate (Formal/Informal): approximately $375
- Voluntary Administration: approximately $115 ($100 filing fee + $15 surcharge)
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $150-$200 depending on the newspaper
- Petition for Guardianship/Conservatorship: approximately $240
Massachusetts does not have a statutory percentage fee for attorneys or executors; fees must be reasonable based on the complexity of the estate and time spent.
Payment Methods
The court accepts cash, checks (payable to "Commonwealth of Massachusetts"), money orders, and credit cards (at some locations/online). E-filing fees are paid via credit card or e-check.
Estimated Timelines
- Simple estates (Voluntary Administration): 1-3 months
- Average estates (Informal Probate): 6-12 months
- Complex or contested estates (Formal Probate): 12 months to 2 years
The creditor claim period in Massachusetts is 1 year from the date of death, which often keeps estates open for at least that duration.
Local Resources
Norfolk County Court Resources
- Court Website: mass.gov
- Probate Self-Help: Mass.gov Wills & Estates
- Massachusetts Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Norfolk County Bar Association: (617) 471-9693 — Provides lawyer referral services.
- Greater Boston Legal Services: (617) 371-1234 — Legal aid for low-income residents.
- MassBar Lawyer Referral Service: massbar.org
Publication
- The Patriot Ledger: (617) 786-7000 — Major county-wide newspaper.
- The Canton Citizen: (781) 821-4418 — Local publication often used for notices.