Probate and Recording Deeds in Plymouth County (Brockton, Plymouth), Massachusetts
Where to file a will or open probate, and where to record a deed, in Plymouth County (Brockton, Plymouth) — with the state rules that apply.
Recording deeds
Plymouth County Registry of Deeds
Massachusetts rules that apply
| Small estate affidavit | Voluntary administration: if a Massachusetts resident left only personal property (no real estate) worth no more than $25,000, plus a motor vehicle of any value, an interested person may file a sworn voluntary personal representative statement with the Probate and Family Court in the county where the person lived, on the court's form, at least 30 days after death and if no petition for a personal representative has been filed. The statement lists assets, heirs and will beneficiaries, and is filed with the original will (if any) and a death certificate. The register then issues an attested copy, which the voluntary personal representative uses to collect the assets. Source: M.G.L. c. 190B, § 3-1201 |
|---|---|
| Probate steps | File a petition for informal or formal probate of the will and/or appointment of a personal representative with the Probate and Family Court in the county where the person lived. Once appointed, the personal representative prepares an inventory within 3 months and files it with the court or mails it to interested persons, pays valid claims and taxes, and distributes the estate. The estate may be closed by a sworn closing statement filed no earlier than 6 months after appointment, after the creditor claim period has ended. Closing: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-1003 |
| Signing and recording a deed | A deed cannot be recorded unless a certificate of acknowledgment (or proof of due execution) is attached to it. A conveyance is not valid against third parties without actual notice unless it is recorded in the registry of deeds for the county or district where the land lies. A deeds excise tax applies to sales of real estate: $2 for each $500 of consideration (above $100), or $1.50 per $500 in Barnstable County. Recording effect: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section4; deeds excise: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter64D/Section1. |
All Massachusetts wills, probate and estate rules · Eviction court and tenant help in Plymouth County (Brockton, Plymouth)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.