What Drives Probate Cost in Massachusetts
Court filing fees are the visible starting point, but many estates also pay for certified copies, notice or publication, property recordings, appraisals, and legal help.
Massachusetts probate filing fees are set by one statewide statutory schedule, M.G.L. c. 262, § 40, and they are flat by pleading type rather than graduated by the value of the estate. Opening an estate costs $390 in every county: the $375 petition fee plus the $15 surcharge under § 4C, which attaches because the petition gets its own docket number. Informal and formal probate carry the identical $375 base, so choosing informal probate saves time and not money. Voluntary administration, the small-estate path under M.G.L. c. 190B, § 3-1201, is $100 plus the surcharge, or $115, and covers an estate of personal property only within a $25,000 ceiling that excludes one motor vehicle. Because the schedule is statutory, all 14 counties charge the same amounts and there is no county fee variation to model. What differs locally is the courthouse, since Bristol, Essex, Middlesex, Plymouth and Suffolk run additional sessions, so 14 counties are served by 19 courthouses. Certified copies and the certificate of appointment are priced administratively by the Trial Court under § 4B instead of by a dollar amount in § 40, and each citation ($15), each summons ($5), and newspaper publication are separate charges. Massachusetts sets no value-based probate tax, no statutory attorney-fee schedule (M.G.L. c. 215, § 39A), and no percentage for personal representative compensation (reasonable compensation, § 3-719). Confirm the current total with the Register of Probate where the decedent lived.
Cost componentsFiling fees, add-on charges, and attorney work compared
Court Filing Fees
The court procedure chosen is often the biggest first driver of cost. Simplified procedures usually cost less than full administration.
Additional Charges
Certified copies, publication or notice costs, appraisals, and document recordings can materially change the final number.
Attorney Work
Legal fees depend on the estate's issues. A modest estate with title or creditor problems can cost more than a larger estate with clean paperwork.
How to Use the EstimateWhat the number means and which check to run next
Use the result to set expectations, not to lock in a final fee quote. If the number looks high, the next question is whether all of the property really needs probate or whether some assets already transfer outside court.
From here, compare the estate structure with the estate value calculator, review transfer structure with the beneficiary checker, and use the Massachusetts courts page if you need the next local filing contact.
Frequently Asked Questions
What are Massachusetts probate costs and filing fees?
Do I need an attorney for Massachusetts probate?
How long does Massachusetts probate take?
Official Sources and Further ReadingOfficial references used for this page
- M.G.L. c. 262, § 40 statewide Probate and Family Court filing fees ($375 formal or informal probate petition, $100 voluntary administration statement)
- M.G.L. c. 262, § 4C $15 surcharge on any petition assigned a separate docket number
- M.G.L. c. 190B, § 3-1201 collection of personal property by affidavit (voluntary administration: $25,000 plus one motor vehicle, 30 days after death)
- M.G.L. c. 190B, § 3-719 reasonable compensation of the personal representative (no statutory percentage)
- M.G.L. c. 215, § 39A power of the Probate and Family Court to fix attorney compensation (no statutory fee schedule)
- Massachusetts Probate and Family Court published statewide filing-fee schedule
- Massachusetts Probate and Family Court locations (14 counties, 19 courthouses)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 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.