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.
Probate in Essex County
Probate Court Record
Essex County Probate and Family Court
Essex County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
36 Federal Street, Salem, MA 01970
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
How to file probate in Essex County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Essex County? →Settling an estate in Essex County →
Trust Administration Firms Serving Essex County
Handles probate in Middlesex and Essex counties from Woburn, with estate planning and elder law for residents of eastern Massachusetts. Attorney Matthew G. Karr guides personal representatives through probate administration and handles trust administration and MassHealth applications for long-term care. Estate planning documents are billed at a flat fee and include a no-charge 3-year review.
Serves clients in Somerville, Cambridge, Burlington and Andover from Somerville. Handles probate administration, trustee services once a trust takes effect, guardianship and conservatorship, and fiduciary litigation when a will or trust is contested, alongside special needs planning and MassHealth applications and appeals. The attorneys are Christina T. Vidoli and Michael R. Couture.
Serves Worcester, Suffolk and Plymouth counties from offices in Worcester, Boston, Plymouth and Southborough. Administers estates and trusts, from Probate Court filings, inventories and annual accounts to estate tax returns and audits, and litigates contested wills, trust disputes and breach of fiduciary duty claims. Established in 1914.
Serves Hampden, Hampshire and Berkshire counties from Springfield, Hadley, Pittsfield and Great Barrington, with an office in Boston. Its Trusts and Estates attorneys handle probate and estate administration, trust administration and trustee support services, and trust and estate litigation. Merged with the Berkshire firm Cain Hibbard & Myers on December 1, 2025.
Serves Worcester, Norfolk and Barnstable counties from Worcester, Leominster, Braintree and Hyannis. Counsels executors, administrators and trustees from probate of the will through inventories, fiduciary accounts, estate tax returns and distributions, and handles contested guardianship and conservatorship proceedings. The firm also serves as executor or trustee when clients ask.
All 26 Massachusetts trust administration firms serving Essex 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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