Find Berkshire County Probate Records

Berkshire County probate court records are kept at the Probate and Family Court in Pittsfield. This court covers 32 towns across the westernmost part of Massachusetts, from North Adams down to Sheffield. You can search for estate files, wills, guardianship cases, conservatorships, and trust records through this office. The court has been active since 1761, when the county was first set up. Both current and historical case files are available through the Register of Probate. Online searches work through MassCourts, and you can also use the Virtual Registry to connect with staff by video or phone.

Berkshire Probate and Family Court

The Berkshire County Probate and Family Court is at 44 Bank Row in Pittsfield. This is the only probate court for all 32 towns in the county. Register Anthony P. Patella manages the clerk side. First Justice Hon. Richard A. Simons handles court matters. The office is open Monday through Friday from 8:30 AM to 4:00 PM.

Staff can help you find case files, get copies of records, and file new petitions. You can call the court at (413) 442-6941 or send a fax to (413) 443-3430. For email, use berkshireprobate@jud.state.ma.us. ADA help is available through Karen Lacey at (413) 445-0622 or Xiomara Hernandez at (413) 445-0634. Berkshire County is one of the less busy courts in the state, but it still handles a full range of probate matters. That includes wills, estates, trusts, guardianships, conservatorships, name changes, and adoption cases.

The court's official page on mass.gov shows its full contact info and links to forms for Berkshire County probate court records.

You can find the court address, hours, and key staff from this page.

How to Search Berkshire Probate Court Records

The easiest way to search Berkshire County probate records online is through MassCourts. Select "Probate & Family Court" and pick Berkshire as the division. You can search by name or by case number. The system shows party names, docket entries, filing dates, and case status. Document images may be available for cases filed from 2009 forward.

You can also search for Berkshire County probate court records in person at the courthouse on Bank Row. Staff look up cases and make copies on the spot. Certified copies cost more than plain ones. Bring your ID and know the name or case number you want. If you are not sure what case number to use, staff can search by the name of any party in the case. The Virtual Registry launched on October 11, 2023. It runs on Monday, Wednesday, and Friday from 9:00 AM to noon. Call (646) 828-7666 with meeting ID 1604813776 to connect.

The Virtual Registry page shows how to reach staff remotely for help with Berkshire County probate court records.

This service is useful if you live far from Pittsfield and need basic help with filings or record requests.

Berkshire County Probate Fees

Fees at the Berkshire County Probate and Family Court match the statewide schedule. Informal probate is $390 total. Formal probate runs $405 with the citation fee. Voluntary administration costs $115. Guardianship of an incapacitated person is $255, and conservatorship is also $255. Guardianship of a minor has no filing fee. The full list is posted on the Trial Court fee page.

Certified copies of court documents each cost $20 to $22 depending on the type. Plain copies are $1 per page. Attested copies run $2.50 per page. If you need an exemplified copy, that is $50 plus $1 for each page after the first. Fee waivers are available if you qualify based on income. File an Affidavit of Indigency with your petition.

Note: Account filing fees vary based on the value of the estate, ranging from $0 for estates under $25,000 to $3,500 for estates over $10 million.

Berkshire County Probate Court Records Guide

Probate case files in Berkshire County hold many different documents. An estate case includes the will (if there is one), the petition for probate, an inventory, and periodic accounts that show how the estate is being managed. The personal representative files these accounts with the court under M.G.L. c. 190B, § 3-706.

Guardianship records contain the petition, medical evidence, a care plan, and the court decree. Conservatorship files have similar documents plus financial reports. Trust cases may include the trust instrument, accounts, and any court orders about the trust. Under M.G.L. c. 215, § 6A, the court has the power to order disclosure of assets, so financial details often show up in these files.

Historical Probate Records in Berkshire County

Berkshire County has probate records going back to 1761, the year the county was created. The historical collection is large. It includes an index from 1761 to 1930, docket books from 1835 to 1917, record books from 1761 to 1917, and file papers from 1761 to 1917. Between 1761 and 1900, the court handled 21,143 cases that produced more than 416,600 individual file papers.

There is one gap that researchers should know about. The first docket book was never filmed. This creates an obstacle for anyone looking at cases before 1835. You may need to rely on the index or file papers for that period instead. Online, you can find Berkshire County probate file papers from 1761 to 1917 on AmericanAncestors. FamilySearch has the index from 1761 to 1930 and dockets from 1835 to 1917. The historic records guide on mass.gov lists what is available for each county.

Filing Probate in Berkshire County

You file a probate case in Berkshire County if the person who died lived in one of its 32 towns. Under M.G.L. c. 190B, § 3-201, you can choose informal or formal probate. Informal probate is simpler and does not need a court hearing. Formal probate involves a judge and is used when there is a dispute or a complex issue.

You can file in person at 44 Bank Row in Pittsfield or use the eFileMA system online. The eFiling platform charges a $22 provider fee for each new case, plus your court filing fee. Credit cards have a 2.89% surcharge. eCheck costs $0.25. To get copies of existing records, fill out the PFC 18 form and mail it with payment to the court. Make checks payable to the Commonwealth of Massachusetts.

All official court forms for wills, estates, and trusts are free to download from mass.gov.

Towns in Berkshire County

Berkshire County has 32 towns. All of them file probate cases at the court in Pittsfield. None of the towns in Berkshire County have a separate city page on this site. The largest communities include Pittsfield, North Adams, Great Barrington, Adams, Williamstown, Lee, Lenox, Dalton, and Stockbridge.

Nearby Counties

These counties border Berkshire County in Massachusetts. Check which county your town falls under before filing a probate case. Filing in the wrong county can cause delays.