Massachusetts Probate Filing Fees

What the Probate and Family Court charges to open an estate in Massachusetts — a flat $390 for standard probate, $115 for voluntary administration — plus publication and other costs.

M.G.L. c. 262, § 40 FigureMyTax Editorial Team

Quick answer: Massachusetts charges a flat $390 to open standard probate — a $375 petition fee plus a $15 surcharge under M.G.L. c. 262, § 40 — the same for informal and formal probate. Voluntary administration (small estates) is $115. These are just court fees; they don't include the PR fee, attorney fees, or the estate tax.

The Massachusetts probate fee schedule

Probate is filed with the Probate and Family Court in the county where the person lived — Middlesex, Worcester, Essex, Suffolk (Boston), Norfolk and the state's 14 counties. Unlike many states, the fee is statewide and flat, not graduated by estate value:

FilingFee
Informal probate petition$375 + $15 surcharge = $390
Formal probate petition$375 + $15 surcharge = $390 (+ $15 citation)
Supervised administration$375 + $15 surcharge = $390
Voluntary administration$100 + $15 surcharge = $115
Sworn closing statement$75

Per M.G.L. c. 262, § 40 and the § 4C surcharge. Informal probate is not cheaper than formal — it's faster and carries less process, but the base fee is the same. None of these figures is indexed for inflation.

Other costs to plan for

  • Publication of the citation — newspaper notice to interested persons; ~$100–$300.
  • Certified copies of the Letters of Authority — needed by banks and title; a few dollars each.
  • Bond — no separate fee for the initial bond or letters; a surety premium applies only if a surety bond is required.
  • Appraisals — for the inventory, due within 3 months of appointment.

The real costs are the PR fee and the estate tax

The $390 filing fee is small next to the reasonable PR and attorney fees and, for estates above $2 million, the Massachusetts estate tax (Table B, 0.8–16%). See the whole picture in the Massachusetts probate cost breakdown, learn about attorney fees, or estimate your total with the Massachusetts probate cost calculator.

Massachusetts filing fees — frequently asked questions

How much is the Massachusetts probate filing fee?

A flat $390 — a $375 petition fee plus a $15 surcharge — the same for informal and formal probate. Voluntary administration for small estates is $115.

Is informal probate cheaper than formal probate in Massachusetts?

Not in filing fees — both cost $390. Informal probate is faster and involves less court process, but the base fee is identical; formal probate adds a $15 citation fee.

Does the Massachusetts filing fee vary by county?

No — unlike many states, the fee is statewide and flat, the same in Middlesex, Worcester, Essex, Suffolk (Boston), Norfolk and every other county.

Is the filing fee the main cost of Massachusetts probate?

No — at $390, it is small next to the reasonable PR and attorney fees, and for estates above $2 million, the Massachusetts estate tax typically dwarfs it.

Does voluntary administration have a lower filing fee?

Yes — $115 versus $390 for standard probate, available for personal property of $25,000 or less with no real estate.

Facing probate in Massachusetts?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Massachusetts attorney

Estimate for general guidance only, not legal advice. Massachusetts probate filing fees are set under M.G.L. c. 262, § 40 and the § 4C surcharge, and are not indexed for inflation. Confirm current amounts with the Probate and Family Court before filing.