Section 40. The fees of the registers of the probate and family court, shall be as follows:

Terms Used In Massachusetts General Laws ch. 262 sec. 40

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Probate: Proving a will
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trustee: A person or institution holding and administering property in trust.

for the filing of an amended or substituted account, for a petition for the allowance of an account, $75;

for the filing of an account, including a common trust fund account, if the gross value accounted for in Schedule A of the account is $1,000 or less, no fee; if the gross value is more than $1,000 but not more than $10,000, $75; provided, however, that the fees shall not exceed $170 regardless of the time covered by the account; if the gross value is $10,000 or more but not more than $100,000, $100 for each year or fraction thereof covered by the account; if the gross value is more than $100,000 but not more than $500,000, $150 for each year or fraction thereof covered by the account; if the gross value is more than $500,000 but not more than $1,000,000, $200 for each year or fraction thereof covered by the account; if the gross value is more than $1,000,000 but not more than $2,000,000, $400 for each year or fraction thereof covered by the account; if the gross value is more than $2,000,000 but not more than $5,000,000, $750 for each year or fraction thereof covered by the account; if the gross value is more than $5,000,000 but not more than $7,500,000, $1500 for each year or fraction thereof covered by the account; if the gross value is more than $7,500,000 but not more than $10,000,000, $2500 for each year or fraction thereof covered by the account; if the gross value is more than $10,000,000, $3500 for each year or fraction thereof covered by the account;

for the filing of a subsequent bond, demand for sureties, for the filing of a petition for new bond, discharge of surety, modification of bond, reduction of bond, $75;

for the filing of a motion for change of name, in divorce actions during nisi period, $100;

for the filing of a petition for change of name, $150;

for the filing of a foreign conservator sworn statement, $75;

for the removal of a fiduciary, $100;

for the filing of a petition to expand, modify or limit the powers of a conservator, $150;

for the filing of a petition for the appointment of a conservator or for single transaction, $240;

for the issuance of a contempt summons, $5;

for the entry of an action seeking the post-judgment removal of a child from the commonwealth, $50;

for the filing of a complaint for alimony, enforcement of foreign alimony decree, separate support, $100;

for the filing of an action to convey land as if sole, $150;

for marriage of a minor and marriage without delay, $180;

for the filing of a complaint for affirmation of marriage, annulment, divorce, $200;

for the filing of an action for modification relative to child support, custody and visitation, except for those actions filed by the IV–D agency for which there is no filing fee, $50;

for the filing of a complaint to establish paternity or for custody-support-visitation, except for those actions filed by the IV–D agency for which there is no filing fee, $100;

for the filing of a complaint to modify a foreign custody or support decree pursuant to section 29 of chapter 208, except for those complaints filed by the IV–D agency for which there is no filing fee, $100;

for the filing of an action for the modification of a judgment relative to all non-child related issues, $150;

for the issuance of an injunction or temporary restraining order, $100;

for the filing of a complaint in equity related to separate support or the custody or support of minors, $100;

for the filing of a complaint in equity, except such as relates to separate support or the custody or support of minors, $240;

for the filing of a petition to partition, to terminate a trust, for specific performance, for filing a complaint to correct birth record, to restrain a personal representative, to terminate a trust, $240;

for the issuance of a subsequent letter, $25;

for care of a burial lot, erection of monument, $60;

for the filing of a petition to render an inventory or account, petition for approval of a compromise, determination of value, order of complete settlement, for the filing of a closing statement, foreign personal representative sworn statement, small estate closing statement, $75;

for the filing of a will for safekeeping, $75; provided, however, that no additional fee shall be charged for filing a will in substitution of a will previously filed and withdrawn;

for the filing of a petition for public administration, for formal removal of personal representative, for statement of voluntary administration, $100;

for the filing of a petition for counsel fees, to vacate a formal order, for a general probate petition, for a general petition, except such as relates to custody or support of minors, for a representation of insolvency, $150;

for the filing of a petition to appoint a receiver of the estate of an absentee, for leave to deposit certain funds, $200;

for the filing of a declaration of common trust fund, $400;

for the filing of a petition to appoint a special personal representative, to appoint a trustee, for a general trust petition, for a formal probate of will, adjudication of intestacy and appointment of personal representative, for formal appointment of successor personal representative, for supervised administration, for an informal probate of will and/or appointment of personal representative, for informal appointment of successor personal representative, $375;

for the filing of a petition for leave to lease real estate, for leave to mortgage real estate, $75;

for the filing of a petition or application for sale of real or personal estate by any fiduciary if the gross value accounted for is $100,000 or less, $100; if the gross value is more than $100,000 but not more than $250,000, $250; if the gross value is more than $250,000 but not more than $500,000, $500; if the gross value is more than $500,000 but not more than $1,000,000, $750; if the gross value is more than $1,000,000, $1000; and

for the amendment of record except such as relates to separate support, adoption or the custody or support of minors, $60;

Notwithstanding the provisions of this section, no fee shall be charged for the issuance of a temporary restraining order against a spouse related to a complaint for divorce or separate support, for the filing of a complaint for support of spouse or child pursuant to section 32F of chapter 209, for the filing of a complaint for abuse protection, for the filing of a petition for disabled abuse, elderly abuse, dispense with consent to adoption, the appointment of a guardian, the resignation or termination of a guardian or conservator, the resignation of any fiduciary, to expand, modify or limit the powers of a guardian, grandparent visitation, payment of deposits, for leave to bring suit on a bond or for registration of foreign custody decree. No fee under this section shall be charged to the commonwealth or a state agency; provided, however, that if an action initiated by the commonwealth or a state agency results in the appointment of a fiduciary with control over the assets of an estate, any such fees normally chargeable to an estate shall be deferred until the fiduciary is duly appointed and authorized to expend the assets of the estate.

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