How Does Probate Work in Nantucket County, Massachusetts?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. Probate in Nantucket depends on estate size—estates under $25,000 may qualify for a simplified procedure. The Probate and Family Court accepts filings in person and online.
Filing at the Probate and Family Court
First Justice Hon. Kevin R. Connelly presides over probate matters at the Probate and Family Court. The clerk's office is open Monday - Friday, 8:30 AM - 4:00 PM.
E-filing is available but optional in Nantucket County. Many families filing without an attorney prefer paper filing at the clerk's office.
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.
Do I Need Probate?
The question most families in Nantucket face first: does this estate actually need to go through the Probate and Family Court? The answer depends on how assets were titled.
If the deceased used a revocable living trust, those assets transfer to beneficiaries without court involvement. The same goes for life insurance, retirement accounts with designations, and joint tenancy property. What's left—assets in the deceased's name only—is what goes through the Probate and Family Court.
The simplified procedure in Massachusetts only covers estates under $25,000M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified Apr 15, 2026, which means most estates with a house or significant assets will need full probate at the Probate and Family Court.
See what portion of this estate may require probate:
Opening probate at the Probate and Family Court requires several documents: the original will (or proof there isn't one), a certified death certificate, and an accounting of the estate's assets. Title documents, bank statements, and vehicle registrations all help establish what's included.
Under Massachusetts' independent administration option, the executor handles most estate tasks without returning to the Probate and Family Court for approval. This generally means fewer hearings and a faster process.
The Probate and Family Court offers informal probate for uncontested estates—less court involvement and a simpler process when all beneficiaries agree.
Who Inherits Without a Will?
If there's no will, Massachusetts intestacy statutes control who receives the estate. The rules follow a specific hierarchy of family relationships, and the split between a surviving spouse and children can surprise families who haven't seen it before.
Check who would inherit this estate based on Massachusetts' rules:
Surviving spouses in Massachusetts can elect to take 33%MGL c. 191 § 15Verified Apr 15, 2026 of the estate regardless of the will. This election must be filed at the Probate and Family Court within 180 daysMGL c. 191 § 15Verified Apr 15, 2026 of receiving probate notice.
The Probate and Family Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Massachusetts recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201
- MGL c. 191 § 15
Data sourced from Massachusetts statutes and official state code. How we research.
Frequently Asked Questions
The Probate and Family Court for Nantucket County is located in Nantucket, Massachusetts. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Massachusetts typically closes in 6–9 months. Average estates run 9–14 months. Complex estates with disputes or tax issues can take 14–24 months. Timing in Nantucket County tracks the state range unless the docket is unusually backed up.
No. Massachusetts allows estates under $25,000 to use a Voluntary Administration and skip formal probate. The waiting period is 30 days after death. Use the Massachusetts probate decision tool to see if the estate qualifies.
When there is no will, Massachusetts' intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Nantucket County probate court applies the state rules without variation. See who inherits in Massachusetts for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Nantucket County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Probate and Family Court
Nantucket County
16 Broad Street, 2nd Floor
Nantucket, MA 02554
Phone:
508-228-2669Fax:
508-228-3662
Hours:
Monday - Friday, 8:30 AM - 4:00 PM
Paper Filing Available
E-Filing Optional
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