The Massachusetts Probate and Family Court handles estates, divorces, custody, guardianships, adoptions, name changes, and related matters through 14 county divisions, each with its own Registry of Probate where cases are filed and tracked.1Mass.gov. Probate and Family Court It is one of seven departments inside the state’s Trial Court system, and its authority comes from Massachusetts General Laws Chapter 215.2General Court of Massachusetts. Massachusetts Code Chapter 215 Section 3 – Courts and Their Jurisdictions; General Provisions Whether you are probating a will or filing for divorce, the process starts with the right form, the right county, and the right fee.
What the Court Handles
On the estate side, judges prove the validity of wills, appoint personal representatives to manage a deceased person’s assets, oversee distribution under a will or Massachusetts intestacy rules, settle will contests, remove personal representatives who fall short of their duties, and supervise trust administration.2General Court of Massachusetts. Massachusetts Code Chapter 215 Section 3 – Courts and Their Jurisdictions; General Provisions
On the family side, the court handles divorce under Chapter 208, including property division, alimony, child custody, and child support.3General Court of Massachusetts. Massachusetts Code Chapter 208 – Divorce Paternity, adoption, and termination of parental rights fall here, as do guardianships for incapacitated adults and minors, conservatorships, name changes, and partition of co-owned real estate when owners cannot agree on how to divide or sell it. Judges can also issue injunctions and restraining orders when assets or people need protection during a pending case.
Which County Division to File In
The 14 divisions are Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester. Some counties keep satellite courthouses; Plymouth County, for example, has a Brockton location in addition to the main courthouse.
For probate, file in the county where the deceased person lived at the time of death. For family law matters such as divorce, file where the parties currently live. Filing in the wrong county does not kill the case, but it delays everything while the case is transferred. The court’s locations page on mass.gov lists addresses, phone numbers, and hours for each Registry of Probate.
Filing to Probate an Estate
Massachusetts recognizes three paths for settling an estate. Which one you use depends on the estate’s size, whether anyone objects, and how complicated the situation is.
Voluntary Administration
If the estate is entirely personal property worth $25,000 or less (not counting a car), you can skip full probate and file a Voluntary Administration Statement, form MPC 170, with the Registry of Probate.4Mass.gov. MUPC Estate Administration Procedural Guide: Voluntary Administration This is the simplest option and works for straightforward estates with no real estate and no disputes.
Informal Probate
Informal probate is administrative. A magistrate, not a judge, handles it, and no hearings are required. A magistrate can issue an informal order as early as seven days after the date of death, which makes this the fastest route when conditions are met.5Mass.gov. Learn About the Types of Probate for an Estate It is available only when you have the original will, you can identify and locate all heirs, the proposed personal representative has priority for appointment, and no one needs a judge to sign an order. Otherwise you file formal probate.
Informal probate requires a Petition for Informal Probate of Will and/or Appointment of Personal Representative (form MPC 150), a certified copy of the death certificate, the original will if one exists, full legal names and addresses of all heirs and beneficiaries, and the Social Security number of the deceased person.6Mass.gov. File an Informal Probate for an Estate
Formal Probate
Formal probate involves a judge and typically one or more hearings. You need it if someone is contesting the will, the will is a copy rather than the original, the will contains handwritten additions or crossed-out language, or the proposed personal representative lacks priority. Formal probate is also required when incapacitated persons or minors need representation, when a creditor is filing, or when the court orders supervised administration, meaning the personal representative must get court approval before taking any action for the estate.5Mass.gov. Learn About the Types of Probate for an Estate
Deadlines That Matter
An estate generally must be probated within three years of the date of death. After that, you can still file a late and limited formal probate for anyone who died on or after March 31, 2012, but the process is more restrictive.7Mass.gov. Find Out When It’s Necessary to Probate an Estate Creditors get one year from the date of death to file a claim, serve the personal representative, and file a notice of claim with the register of probate. Missing that window generally bars the claim.
Filing for Divorce or Another Family Case
Divorce starts with a Complaint for Divorce. Massachusetts has two versions: CJD 101 for fault-based divorce and CJD 101B for no-fault divorce based on irretrievable breakdown of the marriage.8Mass.gov. Probate and Family Court Complaint for Divorce (Under G.L. c. 208, Section 1B) (CJD 101B) You will need a certified long-form marriage certificate from the city or town hall where the marriage was recorded, and full legal names, addresses, and Social Security numbers for both spouses.
Both parties also file a Rule 401 financial statement disclosing income, expenses, and assets. If your annual income is under $75,000, use the short form; at $75,000 or more, use the long form.9Mass.gov. Supplemental Probate and Family Court Rule 401 – Financial Statement These statements are signed under the penalties of perjury. Courts rely heavily on them when calculating child support, alimony, and property division, so accuracy matters.
How to File: Methods, Fees, and Waivers
You can file three ways: in person at the Registry of Probate in your county, by certified mail, or electronically through eFileMA at efilema.com. Electronic filing requires a separate registration and carries a $22 one-time fee for initiating a new case (one without an existing docket number), plus a credit card processing fee on the total.10Mass.gov. eFiling in the Probate and Family Court
Filing fees vary by case type. Two common ones:
- Divorce complaint: $200 filing fee plus a $15 surcharge, $215 total.
- Formal probate petition: $375 filing fee plus a $15 surcharge, $390 total.
A full fee schedule covering dozens of other filing types is on the court’s website.11Mass.gov. Probate and Family Court Filing Fees If you cannot afford the fees, file an Affidavit of Indigency to ask the Commonwealth to cover them.12Mass.gov. Indigency (Waiver of Court Fees) An online tool on mass.gov walks you through the affidavit in plain language.
Gather your documents before you file, in person or online. Incomplete filings get rejected by the registry, and that is the most common cause of delay.
What Happens After You File
Once the registry accepts your filing, the court typically issues a summons that must be served on the other parties. In most family law cases, the other party has 20 days from service to file an answer.13Mass.gov. Respond to a Case Filed Against You in Probate and Family Court Contempt complaints have a shorter window of seven days. Missing the deadline does not automatically mean the other side wins, but it puts the non-responding party at a serious disadvantage.
After the answer period, the court assigns a return date or hearing date. Informal probate is faster because a magistrate handles it administratively, without hearings. Contested matters, such as a disputed divorce or a challenged will, usually mean multiple appearances as the case moves through pretrial conferences and potentially trial.
The court also offers alternative dispute resolution through 31 approved programs, including in-house dispute intervention services run by probation officers in each of the 14 divisions.14Mass.gov. Alternative Dispute Resolution (ADR) Services in the Trial Court Mediation and conciliation can resolve contested family cases faster and cheaper than trial, and judges often encourage parties to try it before scheduling a contested hearing.
Representing Yourself
You can represent yourself (known as proceeding pro se) in any Probate and Family Court matter, and many people do, especially in uncontested divorces and straightforward informal probate filings. The court system provides free resources to help.15Mass.gov. Massachusetts Law About Self-Represented Litigants Court Service Centers help you figure out which forms to file and where, though staff cannot give legal advice. Form templates are available through the Massachusetts Trial Court forms library on mass.gov.
Massachusetts also allows limited assistance representation, where an attorney helps with specific documents or a single court appearance without taking over your whole case. In a divorce, you can ask the court to order a higher-earning spouse to contribute to your attorney fees. The more complex or contested your case, the more an attorney’s involvement matters. Contested custody disputes, will challenges, and guardianship proceedings for incapacitated adults are the kinds of cases where going it alone carries real risk.