Overview
Suffolk County is located in Massachusetts with a population of approximately 793,144. The Suffolk 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 M.G.L. c. 190B (Massachusetts Uniform Probate Code). The process begins with filing a Petition for Informal Probate (MPC 150) or Petition for Formal Probate (MPC 160) to admit the will and appoint a personal representative. The court then issues Letters of Authority for testate estates or Letters of Authority for intestate estates.
For smaller estates, Massachusetts offers Voluntary Administration (MPC 170) if the estate consists entirely of personal property valued at $25,000 or less (excluding one motor vehicle).
Massachusetts does not have a statutory percentage-based fee schedule for attorneys or personal representatives; fees must be reasonable based on services rendered.
This guide provides an informational overview of the Suffolk 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
Suffolk Probate and Family Court
Probate matters in Suffolk County are handled at the Suffolk Probate and Family Court.
Address: 24 New Chardon Street, Boston, MA 02114
Phone: (617) 788-8301 (Register's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in the Edward W. Brooke Courthouse in downtown Boston. The Probate and Family Court department is typically located on the 3rd floor.
Parking and Access
There is no public parking available at the courthouse itself. Paid public parking is available in nearby commercial garages and lots, such as the Government Center Garage. The courthouse is accessible via public transit (MBTA) at Haymarket (Orange/Green Line) and Bowdoin (Blue Line) stations. Security screening is required for entry.
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 after 30 days have passed since death.
- 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 a Petition for Probate (MPC 150 or MPC 160) with the Suffolk Probate and Family Court. Include:
- Petition for Probate (Form MPC 150 for Informal or MPC 160 for Formal)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($390 for full 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 7 days before the hearing (for formal probate) or as directed by the court.
- Publish notice in a newspaper of general circulation in Suffolk County (e.g., Boston Globe, Boston Herald) 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 Letters of Authority. Informal probate may be processed administratively by a magistrate without a formal hearing if uncontested.
Step 5: Administer the Estate
After receiving Letters of Authority, the personal representative must:
- Notify creditors (creditors have 1 year from 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 final accounting and petition for discharge (or Closing Statement)
Local Requirements
Suffolk County-Specific Procedures
- E-filing: Suffolk County accepts e-filing for probate matters through the eFileMA system (Tyler Technologies).
- Bond requirements: A bond (MPC 480) is generally required for all filings, even if the will waives sureties.
- Publication: Notice must be published in a newspaper of general circulation in Suffolk County. Common options include the Boston Globe, Boston Herald, and Bay State Banner.
- Court Clinics: The court may offer "Lawyer for the Day" programs or help desks; check current availability.
Always check with the Register of Probate for the most current local standing orders.
Timeline & Fees
Filing Fees (Suffolk County)
- Petition for Probate (Formal/Informal): approximately $390 ($375 filing fee + $15 surcharge)
- Voluntary Administration: approximately $115
- Certified copies of Letters: approximately $20 per certified copy
- Publication costs: approximately $200-$500 depending on the newspaper
- Petition for Late and Limited Formal Testacy: approximately $390
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 (Informal): 2-6 months
- Average estates: 9-12 months (creditor period is 1 year)
- 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 dictates the minimum duration for closing an estate completely.
Local Resources
Suffolk County Court Resources
- Court Website: mass.gov/locations/suffolk-probate-and-family-court
- Probate Self-Help: mass.gov/probate-family-court-help
- Massachusetts Probate Forms: mass.gov/lists/probate-and-family-court-forms-for-wills-estates-and-trusts
Legal Aid and Attorney Referrals
- Boston Bar Association: (617) 742-0625 — Lawyer Referral Service
- Greater Boston Legal Services: (617) 371-1234 — Civil Legal Aid
- MassBar Lawyer Referral: masslawhelp.com
Publication
- Boston Globe: (617) 929-1500 — Legal Notices
- Boston Herald: (617) 426-3000 — Legal Notices