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Barnstable County, MA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Barnstable Probate and Family Court, a division of the Massachusetts Probate and Family Court Department; there is no separate surrogate or register of wills court |
| Filing office | Registry of Probate, Barnstable County, run by the elected Register of Probate (Anastasia Welsh Perrino) |
| Courthouse | 3195 Main St., Barnstable, MA 02630 |
| Mailing address | Barnstable Probate and Family Court, P.O. Box 346, Barnstable, MA 02630 |
| Phone | (508) 375-6710 (Register's Office); (508) 375-6725 (Probate and Estates) |
| Fax | (508) 362-3662 |
| [email protected] | |
| Office hours | Mon-Fri 8:30 AM to 4:30 PM; closed legal holidays |
| Filing fee | Uniform statewide: informal or formal probate $390 ($375 plus $15 surcharge); voluntary administration $115 ($100 plus $15 surcharge). Probate and Family Court filing-fee schedule on mass.gov, verified July 2026 |
| Probate forms | Statewide Massachusetts Probate and Family Court (MPC) forms, used in every division; MPC 150 (informal), MPC 160 (formal), MPC 170 (voluntary administration) |
| E-filing | Available through eFileMA (Odyssey File and Serve), 24/7, not required; filers may still file by mail or at the Registry counter |
| Case search | MassCourts public portal (masscourts.org) covers Probate and Family Court dockets; some records are restricted |
| Remote appearance | Remote hearing access is available; confirm arrangements with the Registry for a given case |
| Website | https://www.mass.gov/locations/barnstable-probate-and-family-court |
Before you begin — know the assets and liabilities
Before you file anything in Barnstable County, know exactly what is in the estate. The path you take depends on whether there is a will and on the value and type of the assets. Massachusetts offers voluntary administration for a small estate of personal property, informal probate for the ordinary uncontested case, and formal probate when there is a dispute or a defective will. These paths and their dollar thresholds are statewide and are explained on the Massachusetts state page; identify the estate first so you file the right petition once.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the Registry. On the Cape this matters for real estate in particular, because conveying a decedent's home can require a license to sell if the will grants no power of sale, and it requires clearing the Massachusetts estate tax lien at the Barnstable County Registry of Deeds. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Barnstable Probate and Family Court serves all of Barnstable County, which is Cape Cod: the 15 towns of Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, and Yarmouth. There is one courthouse, at 3195 Main Street in Barnstable village, the county seat, and estates from every one of these towns are filed there with the Registry of Probate. Filings can also be made through eFileMA or by mail.
Venue for a decedent's estate is the county where the decedent was domiciled at death (MGL c. 190B, § 3-201). If the decedent lived in any Cape Cod town, file in Barnstable County. If the decedent was not domiciled in Massachusetts but owned property in the county, venue is also proper here. A proceeding may be transferred to another county for cause or convenience (MGL c. 190B, § 1-303). Uncontested informal probate is decided by a MUPC Magistrate with no hearing; formal and contested matters go before a judge of the division. The Barnstable division also handles probation matters for the Nantucket division (the Nantucket division's own page directs all probation issues to Barnstable); this shared administrative service does not change probate venue, and estates of Nantucket County and Dukes County decedents are still filed at those islands' own registries, not in Barnstable.
The jurisdiction process
- Gather the documents. Collect the original signed will (if any), a certified copy of the death certificate, the proposed personal representative's contact information and photo ID, the names and addresses of the heirs and devisees, and a list of the assets and debts with values. A personal representative named in a will was historically called an executor and one appointed without a will an administrator; Massachusetts now uses personal representative for both.
- Choose the path and the form. Massachusetts uses one statewide set of MPC forms in every division. File the Petition for Informal Probate (MPC 150) for the ordinary uncontested case, the Petition for Formal Adjudication (MPC 160) when there is a dispute or a defective will, or the Voluntary Administration Statement (MPC 170) for a qualifying small estate of personal property. The governing thresholds are statewide and are on the Massachusetts state page.
- File with the Registry of Probate in Barnstable. File at the counter at 3195 Main St., by mail to P.O. Box 346, Barnstable, MA 02630, or through eFileMA (Odyssey File and Serve), which is available 24/7 and lets a filer file without traveling to the Cape. eFiling is available but not required.
- Pay the filing fee. The fee is uniform statewide: $390 for informal or formal probate ($375 plus a $15 surcharge) and $115 for voluntary administration ($100 plus a $15 surcharge), per the Probate and Family Court filing-fee schedule on mass.gov, verified July 2026. Newspaper publication and deputy-sheriff service, where required, are separate costs paid outside the court. Tyler charges its own convenience fee for eFileMA filings.
- Give notice. Informal probate requires notice to interested persons and, where applicable, publication; formal probate proceeds by citation and order of notice issued by the court. The MPC forms include the notice and surviving-spouse/heirs companion forms.
- Attend the hearing only if one is set. Informal probate and informal appointment are allowed administratively by a MUPC Magistrate with no hearing; the Magistrate may act as early as seven days after death. Formal probate is heard by a judge. Remote hearing access is available; confirm arrangements with the Registry.
- Receive the Letters of Authority. On appointment the court issues Letters of Authority, the proof of the personal representative's authority to act. A certified copy from the Registry of Probate is what banks, transfer agents, and the Registry of Deeds rely on. Request enough certified copies for the institutions involved; additional Letters cost $25 each (mass.gov fee schedule, verified July 2026).
- Administer and close. Inventory and appraise the assets, pay valid claims in statutory priority, and account to the estate. A creditor's claim against the estate must generally be brought within one year after the date of death (MGL c. 190B, § 3-803). If the estate includes Cape Cod real estate that must be sold, obtain a license to sell (MGL c. 202) where the will grants no power of sale, and clear the Massachusetts estate tax lien at the Barnstable County Registry of Deeds before conveying.
Forms and documents
Probate forms in Barnstable County
Massachusetts has a statewide mandatory set of Massachusetts Probate and Family Court (MPC) forms, and the Barnstable Probate and Family Court uses the same forms as every other division; there is no separate Barnstable County form set. The load-bearing forms are the Petition for Informal Probate of a Will and/or Appointment of a Personal Representative (MPC 150), the Petition for Formal Probate of a Will and/or Appointment of a Personal Representative (MPC 160), and the Voluntary Administration Statement (MPC 170), with common companions including the bond (MPC 801) and the surviving-spouse, children, and heirs-at-law form (MPC 162). The forms are published statewide on mass.gov and on the Trial Court forms portal.
In Barnstable County these forms are filed with the Registry of Probate at the Barnstable courthouse, by mail to the P.O. Box, or through eFileMA. For questions about local intake or what the Registry needs, call the Registry of Probate at (508) 375-6710 or the Probate and Estates line at (508) 375-6725.
| Resource | What it provides |
|---|---|
| Probate and Family Court forms for wills, estates, and trusts (mass.gov) | The statewide MPC form set, including MPC 150, MPC 160, and MPC 170 with instructions |
| eFiling in the Probate and Family Court (mass.gov) | How to file MPC 150, 160, and 170 online through eFileMA, available but not required |
| Barnstable Probate and Family Court | Local intake questions, hours, directions, and Registry contact information |
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Barnstable County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Cape home was held in joint tenancy or as tenants by the entirety, it passes to the surviving spouse outside probate by recording a death certificate and affidavit at the Barnstable County Registry of Deeds. If the home was in the decedent's sole name and there is a will, the spouse files the Petition for Informal Probate (MPC 150) with the Registry of Probate in Barnstable and, once appointed, receives Letters of Authority. | Asset discovery to confirm how title is held. Packet generation for the MPC 150 filing. Guidance on recording the survivorship documents at the Registry of Deeds. |
| Out-of-state adult child, small estate | For a qualifying small estate of personal property with no real estate, the child can file the Voluntary Administration Statement (MPC 170), which is decided without a hearing. For a larger estate, the child files informal probate (MPC 150). Either can be filed through eFileMA or by mail to the Barnstable P.O. Box, so an out-of-state filer can proceed without traveling to the Cape. | Asset discovery to confirm the estate qualifies. Packet generation for MPC 170 or MPC 150, prepared so an out-of-state filer can proceed through eFileMA or by mail. |
| Parent settling a predeceased child's estate, home must be sold | The parent files informal or formal probate with the Registry of Probate in Barnstable and, once issued Letters of Authority, can act for the estate. Because the Cape home must be sold, the personal representative obtains a license to sell (MGL c. 202) where the will grants no power of sale, and clears the Massachusetts estate tax lien at the Barnstable County Registry of Deeds before conveying. | Asset discovery for the child's accounts and property. Packet generation for the probate filing and the license-to-sell paperwork. Attorney referral if the sale or an heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Barnstable Probate and Family Court, (508) 375-6710 (mass.gov/locations/barnstable-probate-and-family-court) | The filing office for probate; local intake questions, hours, directions, forms links, and Registry contact information |
| Virtual Court Service Center (mass.gov/info-details/court-service-centers) | Free help with forms and court procedure by Zoom or phone, with no lawyer or income requirement; the nearest self-help center for the Cape, which has no physical Court Service Center |
| Probate and Family Court forms and self-help hub (mass.gov/orgs/probate-and-family-court) | The statewide MPC forms, the MUPC estate administration procedural guides, and step-by-step instructions for informal, formal, and voluntary administration |
| MassLegalHelp (masslegalhelp.org) | Plain-language self-help on wills, estates, and probate for the public |
| South Coastal Counties Legal Services, intake (800) 244-9023 (sccls.org) | Free civil legal help for income-eligible residents; its service area covers Southeastern Massachusetts, Cape Cod, and the Islands, including all 15 Barnstable County towns |
When to hire an attorney
Many Barnstable County estates are uncontested and can be handled without an attorney: a qualifying small estate of personal property moves by voluntary administration (MPC 170) without a hearing, and an ordinary case moves by informal probate (MPC 150) before a MUPC Magistrate. Consider counsel when the estate holds Cape Cod real estate that must be sold and the will grants no power of sale, when a will contest or heir dispute is likely, when the estate is insolvent or a formal accounting is demanded, or when the estate includes a business interest or out-of-state property. An attorney can also manage a formal probate before a judge and any remote appearances. Sunset can connect families to a vetted Massachusetts probate attorney serving Barnstable County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Barnstable County real estate, and unclaimed property, so you know the estate's value and which Massachusetts estate settlement path fits before you file.
Generate the probate packet. Sunset assembles the MPC petition for your path (informal probate, formal probate, or voluntary administration) and the supporting paperwork, ready to file with the Registry of Probate in Barnstable through eFileMA, by mail, or at the counter.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Massachusetts probate attorney serving Barnstable County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Barnstable County?
With the Registry of Probate at the Barnstable Probate and Family Court, 3195 Main St., Barnstable, MA 02630, or by mail to P.O. Box 346, Barnstable, MA 02630. Barnstable County is a single division of the Massachusetts Probate and Family Court and covers all 15 Cape Cod towns, from Bourne to Provincetown.
Do I have to go to Cape Cod to file probate?
Generally no. The Barnstable Probate and Family Court accepts filings through eFileMA (Odyssey File and Serve), available 24/7, and by mail to the Barnstable P.O. Box, so most filings can be completed without traveling to the Cape. Filing in person at the Barnstable counter is also an option.
Is there e-filing for probate in Barnstable County?
Yes. eFileMA is available in the Barnstable Probate and Family Court 24/7 for informal probate (MPC 150), formal probate (MPC 160), and the voluntary administration statement (MPC 170). E-filing is available but not required; you may still file by mail or at the Registry counter. Tyler charges a convenience fee on top of the statutory filing fee.
What forms do I need for probate in Barnstable County?
Massachusetts uses one statewide set of MPC forms in every division, including Barnstable. The core forms are the Petition for Informal Probate (MPC 150), the Petition for Formal Adjudication (MPC 160), and the Voluntary Administration Statement (MPC 170), with companions such as the bond (MPC 801). There is no separate Barnstable County form set.
How much does it cost to file probate in Barnstable County?
The filing fee is uniform statewide. Informal or formal probate is $390 ($375 plus a $15 surcharge) and voluntary administration is $115 ($100 plus a $15 surcharge), per the Probate and Family Court filing-fee schedule on mass.gov, verified July 2026. Newspaper publication and deputy-sheriff service, where required, are separate costs, and eFileMA adds a convenience fee.
Can I look up a Barnstable County probate case online?
Yes, through the MassCourts public portal at masscourts.org, the Trial Court's eServices site, which covers Probate and Family Court dockets including Barnstable County. Some records, such as impounded family matters, are restricted. For questions about a specific filing, call the Registry of Probate at (508) 375-6710.
Who decides an uncontested probate in Barnstable County?
A MUPC Magistrate of the Probate and Family Court, not a judge, decides uncontested informal probate and informal appointment, and does so with no hearing. The Magistrate may act as early as seven days after death. Formal probate and any contested matter go before a judge of the division.
Is there a Court Service Center on Cape Cod?
No. None of the physical Court Service Centers is on Cape Cod. The nearest free self-help resource is the Virtual Court Service Center, reachable by Zoom or phone, which can help with forms and court procedure without a trip off-Cape.
What is the mailing address for the Barnstable Probate and Family Court?
Barnstable Probate and Family Court, P.O. Box 346, Barnstable, MA 02630. The post office box is the correct mailing address; the physical courthouse is at 3195 Main St., Barnstable. Mail, eFileMA, or the Barnstable counter are all accepted.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.