Massachusetts Probate Court Guardianship Filing by County

Massachusetts has 14 Probate and Family Court divisions — one per county. Your guardianship petition goes to the county where the child lives, and each registry has its own address, hours, and local quirks. Here is what you need to know about finding and filing in your county's court.

How to Determine the Right County

File in the Probate and Family Court division for the county where the minor child resides. If the child recently moved into your home, the county of your home is typically the correct venue.

Probate and Family Court hears guardianship petitions if no Care and Protection case is pending in Juvenile Court. If one is pending, contact the Juvenile Court about the proper procedure.

Filing Methods

Every Massachusetts Probate and Family Court registry accepts filings three ways:

1. In person at the registry window during business hours
2. By mail to the registry's mailing address
3. Electronically through the eFileMA portal (a $22 convenience fee applies per new case, plus credit card processing)

The forms are the same regardless of county — MPC 140 (petition), MPC 801 (bond), Trial Court Rule IV (disclosure affidavit), and the other required documents. The Registry issues a docket number and citation after processing your filing.

Major County Registries

Suffolk County (Boston, Chelsea, Revere, Winthrop) Suffolk Probate and Family Court, 24 New Chardon Street, Boston, MA 02114. One of the busiest registries in the state. Expect longer wait times for in-person filings. A Court Service Center operates on-site to help unrepresented filers with form questions.

Middlesex County (Cambridge, Lowell, Framingham, and many suburbs) Middlesex Probate and Family Court has North and South locations. The North location is in Lowell; the South location is at 10-U Commerce Way, Woburn, MA 01801. For minor guardianship petitions, the assigned location depends on the child's town: Lowell and Framingham are North, while Cambridge is South. Middlesex is the most populous county and handles a high volume of guardianship filings.

Worcester County Worcester Probate and Family Court, 225 Main Street, Worcester, MA 01608. Serves the second-largest county by population. Court Service Center available.

Berkshire County (Pittsfield, Great Barrington, North Adams) Berkshire Probate and Family Court, 44 Bank Row, Pittsfield, MA 01201. A smaller registry with typically shorter wait times, but the travel distance from rural parts of western Massachusetts can be significant.

Essex County (Salem, Lawrence, Newburyport) Essex Probate and Family Court, 36 Federal Street, Salem, MA 01970. Covers the North Shore and Merrimack Valley.

Norfolk County (Canton, Brookline, Quincy suburbs) Norfolk Probate and Family Court, 35 Shawmut Road, Canton, MA 02021.

Plymouth County Plymouth Probate and Family Court, 52 Obery Street, Plymouth, MA 02360.

Hampden County (Springfield) Hampden Probate and Family Court, 50 State Street, Springfield, MA 01103.

What to Bring

Regardless of county, prepare the MPC 140 petition, child's birth certificate, Child Care or Custody Disclosure Affidavit (Trial Court Rule IV), bond (MPC 801), military affidavit (TC0002), and proposed decree (MPC 740). If a legal parent is deceased, file a copy of the death certificate before the hearing. The CARI/WMS release (CJP 34) is listed as a pre-hearing best practice; include parental consent (MPC 440) or the minor's consent or nomination (MPC 441) when applicable. A minor age 14 or older may consent or nominate a guardian.

The registry will not accept a partial filing package — missing forms result in a return trip.

Court Service Centers

Eight Massachusetts courthouses operate Court Service Centers where staff help unrepresented litigants with form completion and procedural questions (but cannot give legal advice or represent you in court). The Virtual Court Service Center also accepts intakes by phone or Zoom. In-person hours vary by location, and intake may close when capacity is reached; virtual intakes are Monday through Friday, 9:00 AM to 2:00 PM.

Putting It All Together

The court process is the same across all 14 counties — the petition, notice requirements, background check, hearing, and decree follow M.G.L. c. 190B statewide. The Massachusetts Guardianship and Custody Court Process Guide covers the filing sequence from start to finish so you arrive at your county registry with everything the clerk needs.

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