Probate in Berkshire County

Probate Court Record

Berkshire County Probate and Family Court

Berkshire County

Hours

Monday-Friday 8:30 AM-4:00 PM

Office

44 Bank Row, Pittsfield, MA 01201

E-filing

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

How to file probate in Berkshire County →

Verified October 16, 2026 · Source

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

Trust Administration Firms Serving Berkshire County

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

Serves Essex, Middlesex and Suffolk counties from Wakefield, meeting clients in person or by telephone or Zoom. Handles probate and estate administration, trust administration, conservatorships and guardianships, and MassHealth applications and fair hearing appeals. Attorneys Patrick Curley and Lucy Budman are both Certified Elder Law Attorneys.

Serves the whole stateVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawTax Planning+6

Serves Massachusetts clients from Waltham and offices in Braintree, Hyannis, Westborough, Woburn and Longmeadow. Represents executors, trustees, conservators and beneficiaries in probate and estate administration, trust administration, estate tax returns, will contests and breach of fiduciary duty claims. Leo J. Cushing, Esq., CPA, founded the firm in Boston in 1984.

Since 1984Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+10

Serves Greater Boston, the South Shore and the Upper Cape from Braintree. Four attorneys guide executors through formal and informal probate, advise trustees and beneficiaries on trust administration and non-judicial settlement agreements, and file Massachusetts and federal estate tax returns, including lien releases for inherited real estate. Also handles MassHealth applications.

Serves the whole stateEstate PlanningTrust AdministrationProbateElder LawTax Planning+2

Serves families across Massachusetts and New Hampshire from Andover, with a second office in Rye, NH. Attorneys Carah Kiley, Thomas Kiley, Jr. and Thomas Kiley, Sr. handle informal, formal, late and limited formal probate and voluntary administration, administer trusts through final distribution, and litigate will contests, trust disputes and breach of fiduciary duty claims.

Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateProbate LitigationTrust LitigationAsset Protection

Serves Norfolk County and the South Shore from Braintree, where the firm has practiced since 1938. Guides personal representatives and trustees through probate and trust administration, from the inventory and court filings to debts, taxes and distribution, and its attorneys often serve as personal representative when someone dies without a will. Also handles MassHealth and estate-tax planning.

Since 1938Serves the whole stateFree consultationEstate PlanningTrust AdministrationProbateElder LawTax Planning+2

All 15 Massachusetts trust administration firms serving Berkshire 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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