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Massachusetts · Probate and Family Court Department, Massachusetts Trial Court

Suffolk County Register of Probate Guide

Register of Probate information · Updated July 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$390+
Court filing fee
30 days
To deposit the will
12 months
Creditor claims, from death
(617) 788-8301
Filing office phone
Independent guide · Verified July 2026 · Suffolk Probate and Family CourtSources (13)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

City of Boston - Registry Division (Birth, Death, and Marriage)

Cost: $/copy
Get: 10 copies
Online: Available
Order Online
Office info
Address: 1 City Hall Square, Room 213, Boston, MA 02201-2006
Hours: Monday-Friday 9:00 AM - 4:00 PM, closed holidays

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 30 days
30 days

Deposit the Will

A person who has custody of a will must deliver it within 30 days after notice of the death, either to a person able to secure its probate or, if no such person is known, to an appropriate court. Willful failure to deliver creates civil liability to anyone aggrieved for the damages sustained, and willful refusal after a court order compelling delivery is punishable as contempt. This is a civil duty, not a crime. Depositing a will for safekeeping during the testator’s lifetime costs $75 under M.G.L. c. 262, § 40. Separately, probate and appointment proceedings generally may not be commenced more than 3 years after death under M.G.L. c. 190B, § 3-108, subject to that section’s exceptions. (M.G.L. c. 190B, § 2-516)

Cost: $75
Where: Suffolk Register of Probate
Clerk Website

Creditor claim window

Creditors generally have 12 months from date of death to bring claims against the estate. (M.G.L. c. 190B, § 3-803)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Massachusetts small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

The Massachusetts small-estate path. An interested person files a sworn Statement of Voluntary Administration with the Register of Probate 30 or more days after the death, provided no petition to appoint a personal representative has been filed. The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property that does not exceed $25,000. The motor vehicle does not count against that $25,000 ceiling. Real estate makes the estate ineligible. File the original will (if any) and a certificate of death with the statement, and certify that a copy of both went to MassHealth by certified mail. The filing fee is $115.

Qualifies:
$25,000
Typical duration:
1-2 months
Attorney:
not required by law, though many families use one

A formal testacy or formal appointment proceeding is heard by a judge of the Probate and Family Court on notice by citation with a return date. Massachusetts requires it when the will is contested, an interested person demands it, the original will is missing, an heir is a minor or is incapacitated, or informal probate is otherwise unavailable. Bond is required with or without sureties as the will, the court, or an interested person requires, and the inventory is still due within 3 months after appointment.

  • File a petition for formal probate of a will, adjudication of intestacy, and/or formal appointment of a personal representative
  • Obtain and serve a citation with a return date; publish as ordered
  • Original will (if any) and certified death certificate
  • Bond, with or without sureties as the will, the court, or an interested person requires (§§ 3-603 to 3-605)
  • Inventory within 3 months after appointment (§ 3-706)
Qualifies:
No dollar limit; contested or complex estates
Typical duration:
9-18 months
Attorney:
not required by law, though many families use one

The common path for a straightforward Massachusetts estate. A magistrate of the Probate and Family Court allows informal probate of the will and informal appointment of a personal representative without a hearing before a judge. Give written notice at least 7 days before petitioning to all heirs and devisees and to anyone with a prior or equal right to appointment, and send the petition and death certificate to MassHealth by certified mail in the same 7-day window. Publish notice once within 30 days AFTER the appointment, file the inventory within 3 months of appointment, and close by a verified statement no earlier than 6 months after the original appointment.

  • Give written notice at least 7 days before petitioning, by delivery or ordinary mail, to all heirs and devisees, to anyone with a prior or equal right to appointment, and to any personal representative whose appointment has not terminated (M.G.L. c. 190B, § 3-306(a))
  • Send a copy of the petition and death certificate to MassHealth (the division of medical assistance) by certified mail at least 7 days before petitioning (§ 3-306(g))
  • File the original will (if any), a certified death certificate, and the petition with the Register of Probate
  • Publish notice once in a newspaper designated by the register, no more than 30 days AFTER the informal probate or appointment (§ 3-306(b))
  • Prepare an inventory within 3 months after appointment and file it with the court or mail it to interested persons (§ 3-706)
  • Close by verified closing statement no earlier than 6 months after original appointment (§ 3-1003)
Qualifies:
No dollar limit; uncontested estates
Typical duration:
6-12 months
Attorney:
not required by law, though many families use one

Supervised administration is a single in rem proceeding in which the personal representative is subject to continuing court authority. No distribution may be made without a court order, and the estate closes by a court decree rather than by a closing statement.

  • Petition for supervised administration
  • Court order placing the estate under supervision
  • Court approval before distribution and for the final account
Qualifies:
No dollar threshold. Ordered by the court on petition.
Attorney:
not required by law, though many families use one

Massachusetts's small-estate path. An interested person files a sworn Statement of Voluntary Administration with the Register of Probate 30 or more days after death, provided no petition for appointment of a personal representative has been filed. The voluntary personal representative collects the listed assets, pays funeral and last-illness expenses and administration costs without a fee for services, pays debts in the § 3-805 order, and distributes the balance.

  • At least 30 days have passed since the date of death
  • No petition for appointment of a personal representative has been filed in the county where the decedent resided
  • The estate consists entirely of personal property: one motor vehicle owned by the decedent plus other personal property of $25,000 or less
  • File the sworn statement listing every asset and its estimated value, the surviving joint owners, and the intestate heirs or will beneficiaries
  • File the original will (if any) with the statement
  • Attach a certificate of death by a public officer
  • Certify on the statement that a copy of the statement and the death certificate were sent to MassHealth by certified mail
Qualifies:
The estate must consist ENTIRELY of personal property. Other personal property may not exceed $25,000; one motor vehicle the decedent owned does not count against that $25,000 ceiling. Real property makes the estate ineligible.
Filing fee:
$115
Attorney:
not required by law, though many families use one

An appointed personal representative whose estate meets the § 3-1203 formula may immediately disburse and distribute the estate without giving notice to creditors and then close by filing the verified statement described in § 3-1204.

Qualifies:
A formula, not a fixed dollar cap: the value of the entire estate, less liens and encumbrances, does not exceed family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the decedent's last illness.
Attorney:
not required by law, though many families use one

After the 3-year ultimate time limit, an informal appointment or a formal testacy or appointment proceeding may still be commenced under § 3-108(4), but the personal representative has no right to possess estate assets beyond what is necessary to confirm title in the successors, and claims other than expenses of administration may not be presented against the estate.

Qualifies:
Commenced more than 3 years after the date of death, when no proceeding relating to the succession or estate administration occurred within that 3-year period.
Attorney:
not required by law, though many families use one

File for Probate

Where to file, forms & fees

Where to File

Office: Suffolk Probate and Family Court
Address: 24 New Chardon St., Boston, MA 02114
Hours: Main office Monday-Friday 8:30 AM - 4:30 PM; Chelsea satellite Tuesday-Thursday 8:30 AM - 3:00 PM
How: in person, mail, efiling
Get Forms E-File Online

Free Filing Help Available

Massachusetts Court Service Centers and the Suffolk Register of Probate can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Suffolk Registry of Deeds

Website
Local Board of Assessors (Massachusetts assesses real property at the city and town level; there is no county assessor) Website

Small Estate Options

Simplified procedures that can avoid full probate

Voluntary Administration, Statement

Applies when the qualifying estate is under $25,000 (M.G.L. c. 190B, § 3-1201).

Earliest filing: 30 days after death.

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Boston (Haymarket) RMV Service Center

Massachusetts Registry of Motor Vehicles

Phone:
857-368-8000
Address:
136 Blackstone St., Boston, MA 02109
Hours:
Monday - Friday 8:00 am - 6:00pm, Saturday: 9:00 am - 4:00 pm. Saturday hours by appointment only for learner's permit, driver's license, and ID transactions.
Office Website

Suffolk County is also served by the Chelsea RMV Service Center, 121 Webster Avenue, Chelsea, MA 02150. Title applications by mail go to the RMV Title Department, P.O. Box 55885, Boston, MA 02205-5889.

When a Massachusetts vehicle owner dies, the certificate of title is transferred through the state RMV, either in person at any RMV Service Center or by mail to the RMV Title Department in Boston. There are no county motor-vehicle offices. The RMV recognizes three transferors: a surviving spouse, the personal representative named in a will, and a court-appointed personal representative. Massachusetts also gives a surviving spouse a statutory shortcut: under M.G.L. c. 90D, s. 15A a pleasure vehicle registered to a married resident owner is treated as jointly held with right of survivorship unless the will directs otherwise, so the spouse takes title on an affidavit rather than through probate, and the title change fee is waived.

Transfer scenarios

Surviving Spouse (no probate needed)

Documents needed:

  • Registration and Title Application, form TTLREG100, completed and signed, stamped by an authorized Massachusetts insurance agent if the vehicle is to stay registered
  • Affidavit of Surviving Spouse, form TTL103, sworn under penalty of perjury
  • The decedent's certificate of title, assigned by the surviving spouse
  • A copy of the death certificate listing the name of the spouse

Bring the completed Registration and Title Application (TTLREG100), the Affidavit of Surviving Spouse (TTL103), the death certificate, and the decedent's certificate of title to any RMV Service Center in person. If the spouse is keeping the vehicle registered, an authorized Massachusetts insurance agent must stamp and sign the application first. If the spouse is selling the vehicle instead, the spouse gives the buyer the assigned certificate of title, the Affidavit of Surviving Spouse, and a copy of the death certificate. If a lienholder holds the certificate of title, contact the lienholder to obtain it.

M.G.L. c. 90D, s. 15A(1) provides that where a certificate of title has already been issued on the vehicle, the title change fee for the surviving spouse is waived. Notice of the transfer is sent to any lienholder of record. A surviving spouse cannot transfer a disability plate into their own name.

Jointly Titled Vehicle

Documents needed:

  • The last certificate of title, if available
  • Proof of the transfer (a certified death certificate, and the Affidavit of Surviving Spouse form TTL103 where the spouse presumption applies)
  • Registration and Title Application, form TTLREG100, for the new certificate of title

A surviving spouse uses the s. 15A affidavit route above. Any other transferee whose interest passes other than by voluntary transfer must promptly mail or deliver to the Registrar the last certificate of title if available, proof of the transfer, and an application for a new certificate on the form the Registrar prescribes. On receipt of the application, proof of the transfer, the required fee, and any other documents required by law, the Registrar issues a new certificate of title in the transferee's name.

Massachusetts does not publish a separate RMV instruction sheet for a non-spouse surviving co-owner, so confirm the exact document set with the RMV before filing. The statutory survivorship presumption in s. 15A is limited to a surviving spouse and to a vehicle registered and used as a pleasure vehicle.

Voluntary Administration (small estate)

Documents needed:

  • Voluntary Administration Statement, form MPC 170, verified by oath or affirmation and filed with the Probate and Family Court for the county where the decedent lived
  • A certificate of death by a public officer, filed with the statement
  • The original will, if any, filed with the statement
  • The register's attested copy of the docketed statement, presented as proof of the voluntary personal representative's authority
  • The decedent's certificate of title, assigned by the voluntary personal representative
  • Registration and Title Application, form TTLREG100, for the new certificate of title

Wait at least 30 days from the date of death. File the Voluntary Administration Statement (MPC 170) with the Probate and Family Court, along with the death certificate and the original will if there is one. The register dockets the filing and, on payment of the fee under M.G.L. c. 262, s. 40, issues an attested copy. The voluntary personal representative presents the attested copy to obtain delivery of estate chattels, assigns the certificate of title to the taker, and the taker applies to the RMV for a new certificate of title.

The $25,000 ceiling counts other personal property only. The statute expressly allows the total to include a motor vehicle the decedent owned on top of that amount. Voluntary administration is unavailable if the estate holds real estate or if a petition for appointment of a personal representative has been filed. The RMV's deceased-owner page does not separately name this route, so confirm with the RMV that the attested MPC 170 copy is the appointment document it will accept.

Probate Estate (personal representative transfer)

Documents needed:

  • A copy of the appointment of personal representative issued by the Probate and Family Court
  • The decedent's certificate of title, assigned by the personal representative to the new owner
  • Registration and Title Application, form TTLREG100, completed and signed, stamped by an authorized Massachusetts insurance agent if the vehicle is to be registered
  • A certified copy of the death certificate

Open probate in the Probate and Family Court for the county where the decedent lived and obtain the appointment. The personal representative then gives the new owner a copy of the appointment and the decedent's certificate of title assigned to that new owner. The new owner files the Registration and Title Application with the RMV, in person at a Service Center or by mail to the RMV Title Department, with the title fee. On receipt of a properly assigned certificate of title, the application, the required fee, and any other documents required by law, the Registrar issues a new certificate in the transferee's name.

M.G.L. c. 90D, s. 4 requires an application for a certificate of title within 10 days of acquiring ownership of the vehicle. Erasures, white-outs, or alterations on the application or on the proof of ownership are rejected, and the RMV requires the application printed on white 8.5 by 11 inch paper.

Forms

  • Registration and Title Application(TTLREG100)(Edition 09/23. Requires an authorized Massachusetts insurance agent stamp when the vehicle is to be registered.)
  • Affidavit of Surviving Spouse(TTL103)(Edition 01/23. Signed under the penalties of perjury. Submit with the death certificate and the certificate of title.)
  • Duplicate Title Application(TTL117)(Edition 08/22. Where the titleholder has died, the application must be accompanied by a letter of administration, a court order, or an affidavit of surviving spouse, plus a death certificate.)
  • Voluntary Administration Statement(MPC 170)(Filing instructions are in MPC 961. File 30 days or more after the death, with the death certificate and the original will if there is one.)

Fees

Certificate of Title fee, charged for each new certificate of title$75
Add or delete a lienholder on the certificate of title$25
Transfer Registration, charged to move the decedent's license plate onto the new owner's registration$25
Duplicate Certificate of Title, charged to replace a lost, stolen, mutilated, or destroyed title$25
Amend Title, charged to correct information on an existing certificate of title$25

Amounts read on 2026-07-29 from the RMV Schedule of Fees (form REV200, May 2025 edition) and cross-checked against the RMV pages for applying for and replacing a certificate of title. Under M.G.L. c. 90D, s. 28 the Registrar collects title fees set annually by the Commissioner of Administration under M.G.L. c. 7, s. 3B, so confirm the current schedule before relying on a figure. Where a certificate of title has already been issued, M.G.L. c. 90D, s. 15A(1) waives the title change fee for a surviving spouse. Massachusetts sales or use tax is separate from these fees and is not charged on a transfer to a surviving spouse or on a qualifying family transfer where the exemption form is filed.

Small-estate vehicle transfer

Massachusetts calls its small-estate procedure voluntary administration. An interested person may file a Voluntary Administration Statement (MPC 170) with the Probate and Family Court when the decedent was domiciled in Massachusetts and left an estate consisting entirely of personal property whose total value may include a motor vehicle the decedent owned, plus other personal property not exceeding $25,000. The vehicle is counted on top of the ceiling rather than against it, so a car does not by itself push an estate out of the procedure.

Threshold: $25,000

Under M.G.L. c. 190B, s. 3-1202 a person who delivers property to a voluntary personal representative is discharged to the same extent as if dealing with an appointed personal representative, and anyone who refuses delivery can be compelled by the court. A voluntary personal representative must certify that copies of the statement and death certificate were sent by certified mail to the Division of Medical Assistance. The RMV's deceased-owner page names 'a copy of the appointment of personal representative' as the proof of authority it accepts and does not separately describe voluntary administration, so confirm the attested MPC 170 copy with the RMV before relying on it.

Lost or duplicate title

When the Massachusetts certificate of title is lost, stolen, mutilated, destroyed, or has become illegible. Obtain a duplicate before attempting to transfer a deceased owner's vehicle if the original cannot be found.

The first lienholder, or if none the owner or the legal representative of the owner named in the certificate, or any other transferee with sufficient proof of ownership as determined by the Registrar, applies for the duplicate. Where the person to whom the title was issued has died, the application must be accompanied by a copy of the letter of administration, a court order, or an affidavit of surviving spouse, together with a death certificate. The duplicate carries the legend that it is a duplicate and may be subject to the rights of a person under the original certificate, and it is mailed to the first lienholder named in it or, if none, to the owner.

Form:Duplicate Title Application(TTL117)

Fee: $25

If the vehicle carried a loan that has been paid off, check with the lienholder first to see whether it holds the title. If not, obtain a signed lien-release letter on the lienholder's letterhead naming the year, make, VIN, and all titled owners. Faxes and photocopies of lien releases are not accepted, and the release must be submitted regardless of the age of the loan. A lienholder's signature on the duplicate application is not itself a lien release.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (20)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Massachusetts

Frequently Asked Questions

How much does probate cost in Suffolk County?
Probate filing fees in Suffolk County, Massachusetts vary by the type of administration. The court filing fee shown on this page is $390+; confirm current amounts with the Register of Probate before filing.
How long does probate take in Suffolk County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Suffolk County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Massachusetts Resources

Explore the rest of the Massachusetts probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Suffolk Probate and Family Court on July 29, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.