What to Do When Someone Dies in Barnstable County, Massachusetts
Probate in Barnstable County runs through the Probate and Family Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Barnstable County, settling their estate runs through the Probate and Family Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate and Family Court
Barnstable County
Address
Phone
Fax
Hours
Departments
- Probate and Estates508-375-6725
- Guardianships508-375-6728
- Domestic Relations/Divorce508-375-6721
- Paternity508-375-6723
- Protection from Abuse508-375-6846
- Probation508-375-6735
Serves all Cape Cod towns. Virtual Registry 9:00 AM - 12:00 PM and 2:15 PM - 4:00 PM. Free parking within the court complex. Accessible by the Barnstable Villager line of the Cape Cod Regional Transit Authority.
Verified July 3, 2026 · Source
How Probate Works in Barnstable County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Barnstable County, probate runs through the Probate and Family Court at 3195 Main Street, Barnstable.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Massachusetts intestacy law when there is no will.
Most Massachusetts estates take 9 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source to 14 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source to move through this process. The 12 monthsM.G.L. c. 190B § 3-803Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Barnstable County
What probate costs in Barnstable County, Massachusetts comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate and Family Court at 3195 Main Street, Barnstable.
Probate matters are handled through Probate and Estates, Guardianships, Domestic Relations/Divorce, and Paternity. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Original wills must be mailed or delivered to court within 5 calendar days of eFiling; Citation service requires 14 days notice when served within Commonwealth; Publication required if interested person whereabouts unknown; must publish at least 7 days before return date. These are county-specific and not posted on the statewide court site.
Massachusetts charges $390M.G.L. c. 262, § 40; M.G.L. c. 262, § 4CVerified Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate and Family Court accepts e-filing (https://www.efilema.com/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Massachusetts are negotiated, typically 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Jul 14, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.23%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source to 3.82%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%M.G.L. c. 190B § 3-603Verified Jul 14, 2026View source of estate value annually.
Probate in Massachusetts typically runs 9 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source to 14 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source, and costs accrue throughout. The 12 monthsM.G.L. c. 190B § 3-803Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate and Family Court
Probate documents in Barnstable County can be filed in person at the Probate and Family Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Filings here are routed through Probate and Estates, Guardianships, Domestic Relations/Divorce, and Paternity. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate and Family Court is realistic.
For a full cost comparison and filing checklist, see the Barnstable County Self-Filing Assessment.
Barnstable County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Original wills must be mailed or delivered to court within 5 calendar days of eFiling.
Publication required if interested person whereabouts unknown; must publish at least 7 days before return date.
Document Requirements
Certified copies of court records cost $25.00 each.
Service Requirements
Citation service requires 14 days notice when served within Commonwealth.
What to Bring
To file at the Probate and Family Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Barnstable County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Registry of Deeds.
Recording Office Record
Registry of Deeds
Barnstable County · Register of Deeds
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $155 |
Per-document fee model, not per-page. Published statewide schedule (all-in, includes surcharges): Deed $155; Mortgage $205; Declaration of Trust $255; Declaration of Homestead $35; Mortgage Discharge/Release $105; Municipal Lien Certificate $80; UCC $75; Federal Tax Lien $5; Plans $105 per sheet; all other documents $105; copies $1 per page ($0.50 at coin-operated machines). Statutory components: $100 deed fee (M.G.L. c. 262, s. 38) + $50 CPA surcharge (M.G.L. c. 44B, s. 8), which is not charged on a declaration of homestead. Registered (Land Court) filings use the same schedule; a document affecting both recorded and registered land must be filed on both sides. Some county-run registries add $1 postage per paper document (waived for e-recording).
M.G.L. c. 262, s. 38; M.G.L. c. 44B, s. 8; M.G.L. c. 64D, s. 1
Transfer tax
Deeds excise: $6.48 per $1,000 of stated value (multiply consideration by .00648, rounding consideration up to the next $500). This is a $3.42 per $1,000 state rate plus a $3.06 per $1,000 Barnstable County rate. Paid by the grantor. Deeds for less than $100 are not subject to the excise.. Barnstable County is the most expensive county in Massachusetts for the deeds excise: $6.48 per $1,000 vs. $4.56 per $1,000 elsewhere. The county component funds the Cape Cod Land Bank. M.G.L. c. 64D, s. 1 sets Barnstable’s statutory base rate at $1.50 per $500 (lower than the $2.00 statewide base), but the county rate added on top makes the total charged the highest in the state.
Barnstable County has the HIGHEST deeds excise in Massachusetts: $6.48 per $1,000 of stated value (a $3.42 per $1,000 state rate plus a $3.06 per $1,000 Barnstable County rate for the Cape Cod Land Bank), vs. $4.56 per $1,000 elsewhere. Research and recording desk both run 8:00 a.m. to 4:00 p.m., Monday through Friday. Serves all Cape Cod communities.
Verified July 13, 2026 · Source
Probate Attorneys Serving Barnstable County
Massachusetts allows informal probate, so many families settle straightforward estates in Barnstable County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Massachusetts are based on reasonable compensation — typically 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Jul 14, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Barnstable County firm to quote a structure up front.
A probate attorney files the petition with the Probate and Family Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Cape Cod Firms
Cape Cod Elder Law Associates, P.C.
FirmBarnstable County firm providing estate, trust, Medicaid, and elder law planning services to clients of all ages, with a particular focus on the needs of older and disabled individuals and their families. Founded by four partners with deep roots in the Cape Cod legal community.
Location
5 Main StreetCotuit, MA 02635
Phone
(774) 602-5056
Service Area
3 counties
Case Estate Law, P.C.
FirmServes individuals and families across Cape Cod, Martha's Vineyard, and Nantucket. Specializes in customized estate planning, high-net-worth estate planning, elder law, Medicaid planning for long-term care, probate and trust administration, and asset protection.
Location
1645 Falmouth Road, Suite 1ECenterville, MA 02632
Phone
(508) 790-3050
Service Area
3 counties
Law Office of Chantal Hayes Rice, Esq.
Solo PracticeCape Cod and Barnstable County estate planning and elder law practice in West Yarmouth, handling wills, revocable and irrevocable trusts, MassHealth and long-term care planning, and probate and trust administration. Also represents clients in contested matters: will and trust contests, guardianship and conservatorship, and partition petitions over co-owned real property.
Location
23 East Main StreetWest Yarmouth, MA 02673
Phone
(508) 221-6677
Established
2012
Service Area
1 county
Law Offices of Boyd & Boyd, P.C.
FirmServing Cape Cod families since 1976 with estate planning, estate administration, trust administration, probate and settlement of estates, elder law, asset protection, and charitable planning. AV rated (highest rating) in Martindale-Hubbell Legal Directory and listed in Bar Register of Preeminent Lawyers.
Location
1555 Iyannough Road, Suite 1BHyannis, MA 02601
Phone
(508) 444-9688
Established
1976
Service Area
1 county
McManus Estate Planning, LLC
FirmCape Cod estate planning law firm led by Attorney Keith McManus, JD, recognized as a leading estate planning attorney in Massachusetts. Serves clients throughout Cape Cod and the South Shore with offices on Cape Cod and Plymouth.
Location
724 Main StreetHyannis, MA 02601
Phone
(508) 778-8855
Service Area
2 counties
Firms from Neighboring Regions
DGVE Law, LLC
Solo PracticeServes Plymouth, Norfolk, and Suffolk County families from Hanover, where the firm moved in 2026 after 17 years in Hingham Square. Handles wills and trusts alongside probate, trust, and estate administration. Founding attorney Danielle G. Van Ess practices in English and Spanish and brings a tax focus to trust and estate work.
Location
51 Mill Street, No. 1Hanover, MA 02339
Phone
(781) 740-0848
Established
2008
Service Area
5 counties
Estate Preservation Law Offices
FirmWorcester boutique firm handling Probate and Family Court estate administration alongside its core asset-protection practice. Partners Brendan J. King and Linda T. Cammuso administer estates and trusts, settle MassHealth estate-recovery claims, run guardianship and conservatorship cases, and prepare estate tax returns. Branch offices in Braintree, Leominster, and Hyannis.
Location
71 Elm Street, Suite 100Worcester, MA 01609
Phone
(508) 751-5010
Service Area
3 counties
Hera Law Group
FirmMassachusetts boutique law firm with a Nantucket office providing estate planning, probate law, guardianship and conservatorship, wills and trusts, powers of attorney, healthcare directives, and estate and trust administration. Also serves Cape Cod and greater Massachusetts.
Location
34 Main StreetNantucket, MA 02554
Phone
(978) 637-2048
Service Area
5 counties
Herbst Law Group, LLC
FirmBraintree firm serving the South Shore, Greater Boston, and Cape Cod through the Norfolk and Plymouth County probate courts. Handles probate administration, trust administration, and estate and trust settlement, plus MassHealth/Medicaid long-term care planning. Attorney Peter Herbst weighs federal and Massachusetts estate-tax options on each estate.
Location
100 Grandview Road, Suite 304Braintree, MA 02184
Phone
(781) 843-5034
Service Area
5 counties
Lannik Law, LLC
Solo PracticeElder law and estate planning firm with offices in Needham and Mashpee, led by a Certified Elder Law Attorney with 40+ years of experience. Focuses exclusively on asset protection, long-term care planning, special needs planning, estate planning, guardianship, and probate.
Location
163 Highland AvenueNeedham, MA 02494
Phone
(617) 431-2669
Established
1991
Service Area
4 counties
Law Offices of Brian E. Barreira
Solo PracticePlymouth-based estate planning and elder law firm led by a Certified Elder Law Attorney with 30+ years of experience. Selected to Massachusetts Super Lawyers for 16 consecutive years (2009-2024). Listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers in Elder Law and Trusts and Estates. Board of Directors, Massachusetts Chapter of NAELA since 2019.
Location
118 Long Pond Road, Suite 206Plymouth, MA 02360
Phone
(508) 747-8282
Established
1996
Service Area
4 counties
Marsden Law P.C.
FirmMetroWest firm in Holliston serving Middlesex, Norfolk, and Barnstable County families, with a Hyannis office. Handles trusts, probate, MassHealth/Medicaid eligibility, and wealth-management-integrated planning. Attorney Jay Marsden practiced elder law since 2002 after 16+ years as a Fidelity investment advisor; the initial consultation is free.
Location
847 Washington StreetHolliston, MA 01746
Phone
(508) 858-5324
Service Area
3 counties
Surprenant, Beneski & Nunes, P.C.
FirmEstate planning law firm serving Southeastern Massachusetts and Cape Cod. Lead partners Daniel Surprenant and Michelle Beneski are Certified Elder Law Attorneys (CELA) by the National Elder Law Foundation, 2 of only 24 CELA attorneys practicing in Massachusetts.
Location
35 Arnold StreetNew Bedford, MA 02740
Phone
(508) 994-5200
Service Area
3 counties
Albanese Law, LLC
FirmMilton-based estate planning and elder law firm serving Boston's South Shore and eastern Massachusetts from offices in Milton, Brockton, and Mashpee. Handles wills, trusts, probate and estate administration, guardianship and conservatorship, and MassHealth/Medicaid planning, led by attorney Matthew P. Albanese. Offers a free consultation and home visits for mobility-challenged clients.
Location
487 Adams StreetMilton, MA 02186
Phone
(617) 698-2100
Statewide Practices
Casner & Edwards, LLP
FirmBoston firm whose Trusts & Estates group serves individuals, families, and charitable trusts across New England. Handles estate and trust administration, probate, gift and estate tax matters, business succession planning, charitable and planned giving, and probate litigation. Founded in 1974.
Location
303 Congress StreetBoston, MA 02210
Phone
(617) 426-5900
Established
1974
Service Area
Statewide
Cushing & Dolan, P.C.
FirmWaltham-based estate planning and tax firm serving Greater Boston from eight Massachusetts locations. Concentrates on complex estate planning for closely held business owners, gift and estate tax matters, elder law and Medicaid planning, and fiduciary litigation involving trusts, estates, and probate disputes. Founded in 1984 by Leo J. Cushing, Esq., CPA.
Location
400 Fifth Avenue, Suite 400Waltham, MA 02451
Phone
(888) 759-5109
Established
1984
Service Area
Statewide
Fletcher Tilton PC
FirmOne of Massachusetts' oldest law firms, established in 1822. The trust and estate department manages more than 250 trusts and administers over 130 estates each year, handling estates ranging from insolvent to over $40 million. Offices throughout Massachusetts including Worcester, Framingham, Boston, Cape Cod, and Providence.
Location
100 Front Street, 5th FloorWorcester, MA 01608
Phone
(508) 459-8000
Established
1822
Service Area
Statewide
KLG Estate Planning & Probate Attorneys
FirmAndover firm handling probate and trust administration across Massachusetts and New Hampshire, with a second office in Rye, NH. Manages formal and informal probate, voluntary administration for small estates, trust-based settlements, beneficiary transfers, and trust and estate litigation. Founded by Thomas M. Kiley.
Location
342 North Main StreetAndover, MA 01810
Phone
(978) 788-9142
Service Area
Statewide
The Law Office of Polly Tatum
FirmWith over 24 years of experience, Attorney Polly Tatum has been serving clients in Worcester and throughout Massachusetts since 1997. Recognized as one of the fastest-growing law firms in the U.S. with an AVVO Superb rating. Featured in Worcester Business Journal. Serves all Massachusetts cities and towns, both virtually and in person.
Location
19 Cedar StreetWorcester, MA 01609
Phone
(508) 795-1557
Service Area
Statewide
Nutter McClennen & Fish LLP
FirmBoston Private Client practice on the Seaport, co-founded in 1879 by Louis D. Brandeis. Handles multi-generational estate planning, trust and estate administration, Probate Court proceedings, gift and estate tax planning, and business succession, serving as personal representative, trustee, and guardian for families of varying means. Band 1, Chambers High Net Worth 2025.
Location
155 Seaport Blvd.Boston, MA 02210
Phone
(617) 439-2000
Established
1879
Service Area
Statewide
RackiLaw, LLC
Solo PracticeBoston-based boutique estate planning firm founded by a former WilmerHale attorney. Has served over 1,000 families with estates ranging from $10,000 to $8 billion. Flat-fee pricing model with transparent timelines. Attorney Racki teaches Trusts & Estates at Boston University School of Law since 2023.
Location
55 Union Street, Suite 300Boston, MA 02108
Phone
(617) 285-6388
Established
2009
Service Area
Statewide
Law Office of Todd D. Beauregard, P.C.
FirmOpened practice in Lowell, Massachusetts in 2006 and has grown to include offices in Nashua NH, North Andover MA, Boston MA, and Concord MA. Led by Todd D. Beauregard with partner Shauna L. Finnegan. Provides estate planning and probate services throughout Massachusetts and New Hampshire.
Location
25 Central StreetLowell, MA 01852
Phone
(978) 275-1919
Established
2006
Service Area
Statewide
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)
- M.G.L. c. 190B § 3-603
- M.G.L. c. 190B § 3-803
- M.G.L. c. 190B §§ 1-307
- M.G.L. c. 262, § 40; M.G.L. c. 262, § 4C
- No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.
Data sourced from Massachusetts statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate and Family Court in Barnstable County, attaching the original will (if any), the death certificate, and the filing fee ($390). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $30,739 statewide in Massachusetts. For Barnstable County, that means filing fees ($390 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Probate and Family Court in Barnstable County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Massachusetts self-filing assessment scores whether this estate can be handled without one.
A simple Massachusetts probate typically closes in 6–9 months; average estates run 9–14 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Barnstable County probate.
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