Overview
Plymouth County is located in Massachusetts with a population of approximately 542,090. The Plymouth 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 of Will and/or Appointment of Personal Representative (MPC 160) or a 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.
Massachusetts offers a simplified procedure known as Voluntary Administration for small estates valued at $25,000 or less (excluding the value of 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 Plymouth 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
Plymouth Probate and Family Court
Probate matters in Plymouth County are handled at the Plymouth Probate and Family Court.
Address: 52 Obery St, Plymouth, MA 02360
Phone: (508) 747-6204 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in the Plymouth Trial Court complex. There is also a satellite session held in Brockton, but filings are typically processed through the main Plymouth location.
Parking and Access
Free parking is available in the lot located directly in front of the courthouse. The building is accessible to those with disabilities. Public transportation is available via the Plymouth & Brockton Street Railway and local GATRA bus services.
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 car), you may file a Voluntary Administration Statement (MPC 170).
- 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., MPC 150 for Informal or MPC 160 for Formal) with the Plymouth 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)
- Surviving Spouse, Children, Heirs at Law (MPC 162)
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 probate) or as directed by the court.
- Publish notice in a newspaper of general circulation in Plymouth County (e.g., The Patriot Ledger or The Enterprise) 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 Letters of Authority. Informal probate often does not require a hearing if all paperwork is in order.
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 (including MA estate tax if applicable).
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Plymouth County-Specific Procedures
- E-filing: Plymouth County accepts e-filing for probate matters through the eFileMA system.
- Bond requirements: A surety bond is often required unless waived by the will or by all heirs/beneficiaries.
- Local court rules: The court strictly adheres to the MUPC; ensure all forms (MPC series) are the most current version available on the state website.
- Publication: Notice must be published in a newspaper of general circulation in Plymouth County for one time (informal) or as directed by the citation (formal).
Always check with the Register of Probate for the most up-to-date local protocols regarding virtual hearings vs. in-person appearances.
Timeline & Fees
Filing Fees (Plymouth 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 $100-$300 depending on the newspaper
- Bond Fee: varies based on estate value (if surety is required)
Massachusetts does not have a statutory percentage fee for attorneys or executors; fees must be reasonable.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (in person). E-filing fees are paid via credit card or e-check through the eFileMA provider.
Estimated Timelines
- Simple estates (Voluntary Administration): 2-4 months
- Average estates: 9-15 months (due to 1-year creditor claim period)
- Complex or contested estates: 18 months to 2+ years
The 1-year statute of limitations for creditor claims often dictates the minimum timeline for closing an estate.
Local Resources
Plymouth County Court Resources
- Court Website: mass.gov/locations/plymouth-probate-and-family-court
- Probate and Family Court: mass.gov/orgs/probate-and-family-court
- MA Probate Forms: mass.gov/lists/probate-and-family-court-forms
Legal Aid and Attorney Referrals
- Plymouth County Bar Association: (781) 961-2218 — Lawyer referral service
- South Coastal Counties Legal Services: (508) 586-2110 — Legal aid for low-income residents
- MassBar Lawyer Referral: masslawhelp.com
Publication
- The Patriot Ledger: (617) 786-7000 — General circulation
- The Enterprise (Brockton): (508) 586-6200 — General circulation
- Old Colony Memorial: (508) 591-6600 — Plymouth area