Probate in Barnstable County

Probate Court Record

Barnstable County Probate and Family Court

Barnstable County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

3195 Main Street, Barnstable, MA 02630

E-filing

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

How to file probate in Barnstable County →

Verified October 16, 2026 · Source

Do I need a lawyer for probate in Barnstable County? →Settling an estate in Barnstable County →

Trust Administration Firms Serving Barnstable County

Serves the South Shore, Cape Cod and Greater Boston from Hanover, with video and phone meetings available. Guides surviving family members through probate and trust and estate administration, alongside wills, trusts and estate planning. Founding attorney Danielle G. Van Ess started the firm in Hingham in 2008.

Solo PracticeSince 2008Serves 3 countiesVirtual consultationsEstate PlanningTrust AdministrationProbate

Serves Bristol, Plymouth and Barnstable counties and Rhode Island from New Bedford. Probates estates, establishes guardianships and conservatorships, and petitions for the approval of minor's, special needs and settlement trusts; Attorney Heather M. Bonnet-Hebert also provides professional trustee services. Formed in 1994 as Robert B. Feingold & Associates, P.C.

Since 1994Serves 3 countiesEstate PlanningTrust AdministrationProbateElder LawTax Planning+5

Serves Norfolk, Suffolk, Middlesex, Plymouth, Barnstable and Essex counties from Braintree. Advises personal representatives through probate and successor trustees through trust administration, and litigates will contests, undue influence claims and fiduciary disputes, including in the Probate Fiduciary Litigation Session. Anthony H. Gemma tried over 35 jury trials as a prosecutor.

Solo PracticeServes 6 countiesFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+5

Serves Plymouth County, the Upper Cape portion of Barnstable County and southeastern Norfolk County from Plymouth. Guides personal representatives and trustees through probate and trust administration, including estate taxes, and handles will and trust contests and challenges to fiduciary accountings. Initial consultations carry a fee; Zoom meetings are available.

Solo PracticeSince 1996Serves 3 countiesVirtual consultationsEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+8

Serves Bristol and Barnstable counties, the SouthCoast and Cape Cod from Fall River, where Attorney Jane E. Sullivan opened her practice in 1996. After a death she represents the fiduciary through probate of the will, administration of intestate estates and trusts, sale of real estate and the related tax matters. She also handles guardianships, conservatorships and Medicaid appeals.

Solo PracticeSince 1996Serves 2 countiesEstate PlanningTrust AdministrationProbateElder LawTax Planning+4

Serves Massachusetts from Waltham, concentrating on Greater Boston, with offices in New Hampshire and Florida. Guides executors, administrators and trustees through probate court proceedings, trust administration and distribution, and estate and fiduciary tax returns, and handles guardianship and conservatorship petitions. Founder David M. Beliveau is also a Certified Public Accountant.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+6

All 28 Massachusetts trust administration firms serving Barnstable County →

Forms for Planning and Settling an Estate in Massachusetts

Free Massachusetts forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Massachusetts.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In Massachusetts, a pour-over will is signed before 2M.G.L. c. 190B § 2-502Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in Massachusetts

Free calculators and checklists to plan or settle an estate in Massachusetts: will and trust costs, probate, executor pay and taxes. Run each tool.

How Do I Settle a Trust?

Settling a trust in Massachusetts happens outside court: the trustee acts under the state's Uniform Trust CodeM.G.L. c. 203E § 101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 30 daysMGL c. 203E §§ 813, 1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Massachusetts, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)Mass. Gen. Laws ch. 203E, § 708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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How Do I Settle an Estate?

Settling an estate in Massachusetts: the personal representative files the estate inventory within 90 daysMGL c. 190B §§ 3-706, 3-707, 3-708Verified Sep 15, 2026View source of appointment; creditors have 12 monthsMGL c. 190B §§ 3-306, 3-801, 3-803, 3-804, 3-805, 3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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Do I Have to File Tax Returns for Someone Who Died?

Massachusetts requires a final state income tax return for the decedent alongside the federal Form 1040M.G.L. c. 62, § 4(b), (d); Mass. Const. Amend. Art. XLIV, as amended by Amend. Art. CXXI (Fair Share Amendment)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Massachusetts take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesM.G.L. c. 62 § 2(b)(3) (Part C gross income = gain from capital assets held > 1 year); § 4(c) (Part C taxed at the Part B rate; 3% on qualifying MA small-business stock held ≥ 3 years); § 4(a)(1) (Part A: 12% on capital gains, 8.5% on assets held ≤ 1 year); § 4(b) (Part B rate, floor 5%); § 4(d) (4% surtax above the indexed $1M threshold)Verified Sep 15, 2026View source.

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