General Laws of Massachusetts - Chapter 215 Probate Courts

• Massachusetts General Laws - Divisions; definitions; courts of record - Chapter 215, Section 1
  The probate and family court department established under section one of chapter two hundred and eleven B shall consist of divisions, one for each county,...
• Massachusetts General Laws - Superior jurisdiction; presumption - Chapter 215, Section 2
  Probate courts shall be courts of superior and general jurisdiction with reference to all cases and matters in which they have jurisdiction, and no order,...
• Massachusetts General Laws - General provisions - Chapter 215, Section 3
  Probate courts shall have jurisdiction of probate of wills, of granting administration on the estates of persons who at the time of their decease were...
• Massachusetts General Laws - Separate estates of married women; paternity, custody and support of minors - Chapter 215, Section 4
  Probate courts shall have exclusive original jurisdiction of actions by married women relative to their separate estate, of actions relative to the care, custody, education...
• Massachusetts General Laws - French spoliation awards - Chapter 215, Section 5
  Probate courts shall have exclusive original jurisdiction of all matters relative to the administration of moneys appropriated by the congress of the United States on...
• Massachusetts General Laws - Equity jurisdiction - Chapter 215, Section 6
  The probate and family court department shall have original and concurrent jurisdiction with the supreme judicial court and the superior court department of all cases...
• Massachusetts General Laws - Attachment by injunction - Chapter 215, Section 6A
  In any proceeding before a probate court, an attachment may be made by injunction to reach shares of stock or other property which cannot be...
• Massachusetts General Laws - Repealed, 1945, 582, Sec. 3 - Chapter 215, Section 6B
  Repealed, 1945, 582, Sec.
• Massachusetts General Laws - Modification of judgment as to care and custody of minor children; temporary orders - Chapter 215, Section 6C
  Upon a complaint, after a judgment pursuant to this chapter relative to the care and custody of minor children, filed by either parent or by...
• Massachusetts General Laws - Attachment of jurisdiction; control of case - Chapter 215, Section 7
  If a case is within the jurisdiction of the probate courts of two or more counties, the court first taking cognizance thereof by the commencement...
• Massachusetts General Laws - Repealed, 2008, 521, Sec. 40 - Chapter 215, Section 8
  Repealed, 2008, 521, Sec.
• Massachusetts General Laws - Change of venue - Chapter 215, Section 8A
  If it appears before final judgment or decree in any proceeding pending in a probate court that said proceeding was begun in the wrong county,...
• Massachusetts General Laws - Persons entitled to appeal - Chapter 215, Section 9
  A person aggrieved by an order, judgment, decree or denial of a probate court made after this chapter takes effect, may, within thirty days after...
• Massachusetts General Laws - Fiduciaries; acts during appeal period - Chapter 215, Section 9A
  The acts of an executor, administrator, guardian, conservator or trustee performed after the entry of the decree appointing him in such capacity or authorizing or...
• Massachusetts General Laws - Appellate procedure - Chapter 215, Section 10
  The procedure upon an appeal from an order, decree or denial of a probate court shall be in accordance with the Massachusetts Rules of Appellate
• Massachusetts General Laws - Report of facts - Chapter 215, Section 11
  In cases not governed by the Massachusetts Rules of Civil Procedure or comparable rules for domestic relations matters, the judge by whom an order, judgment,...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 67 - Chapter 215, Section 12
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Reservation and report of case to appeals court - Chapter 215, Section 13
  A judge of the probate court by whom a case or matter is heard for final determination may reserve and report the evidence and all...
• Massachusetts General Laws - Interlocutory judgments and decrees; revision on appeal from final judgments or decrees - Chapter 215, Section 14
  Interlocutory judgments and decrees not appealed from shall be open to revision upon appeals from final judgments and decrees so far only as it appears...
• Massachusetts General Laws - Repealed, 1975, 400, Sec. 61 - Chapter 215, Section 15
  Repealed, 1975, 400, Sec.
• Massachusetts General Laws - Repealed, 1986, 211, Sec. 1 - Chapter 215, Section 16
  Repealed, 1986, 211, Sec.
• Massachusetts General Laws - Insolvent estates - Chapter 215, Section 17
  In the case of an estate of a deceased person represented insolvent, if the court, instead of appointing commissioners to receive and examine the claims...
• Massachusetts General Laws - Stenographers; appointment - Chapter 215, Section 18
  At the trial of any issue of fact in a probate court the presiding judge may appoint a stenographer, who shall be sworn and shall...
• Massachusetts General Laws - Consolidation of appeals by appellant - Chapter 215, Section 19
  An appellant from decrees of a probate court settling different accounts of an executor, administrator, guardian, conservator, trustee or receiver may unite his appeals in...
• Massachusetts General Laws - Consolidation of appeals by court - Chapter 215, Section 20
  The supreme judicial court may at any time, upon terms, consolidate any separate appeals from a probate court pending therein, and may thereafter deal with...
• Massachusetts General Laws - Repealed, 1973, 1114, Sec. 70 - Chapter 215, Section 21
  Repealed, 1973, 1114, Sec.
• Massachusetts General Laws - Effect of appeal; interlocutory orders - Chapter 215, Section 22
  After an appeal has been claimed and filed in the registry of probate, all proceedings in pursuance of the act appealed from shall, except as...
• Massachusetts General Laws - Effect of appeal; equity cases - Chapter 215, Section 23
  An appeal from a final or interlocutory order or decree in equity of a probate court made in the exercise of any jurisdiction in equity...
• Massachusetts General Laws - Effect of appeal; separate support and custody cases - Chapter 215, Section 24
  The preceding section shall apply to orders or judgments of probate courts in proceedings under chapter two hundred and eight, and under sections thirty-two and...
• Massachusetts General Laws - Removal of fiduciary; effect of appeal - Chapter 215, Section 25
  A decree of a probate court removing an executor, administrator, guardian, conservator, trustee or receiver shall have effect, notwithstanding an appeal therefrom, until otherwise ordered...
• Massachusetts General Laws - Decree; force and effect - Chapter 215, Section 26
  A decree of a probate court made under the preceding section shall have effect, notwithstanding an appeal therefrom, until otherwise finally determined by the supreme...
• Massachusetts General Laws - Pending appeals; modification of decrees - Chapter 215, Section 27
  After an appeal is claimed from an order or decree referred to in the two preceding sections, and before such appeal has been finally determined,...
• Massachusetts General Laws - Reversal or affirmance - Chapter 215, Section 28
  The supreme judicial court or appeals court may, upon appeal, reverse or affirm, in whole or in part, any judgment, decree or order of the...
• Massachusetts General Laws - Repealed, 1975, 400, Sec. 65 - Chapter 215, Section 29
  Repealed, 1975, 400, Sec.
• Massachusetts General Laws - Rules and forms; power of judges to make - Chapter 215, Section 30
  The judges of the probate courts or a majority of them shall from time to time make rules for regulating the practice and for conducting...
• Massachusetts General Laws - Repealed, 1978, 478, Sec. 130 - Chapter 215, Section 30A
  Repealed, 1978, 478, Sec.
• Massachusetts General Laws - Repealed, 2008, 521, Sec. 41 - Chapter 215, Section 30B
  Repealed, 2008, 521, Sec.
• Massachusetts General Laws - Notice of hearing; rule making power of courts - Chapter 215, Section 31
  The supreme judicial court and the probate courts shall make rules requiring notice of any hearing, motion or other proceeding before said courts to be...
• Massachusetts General Laws - Transaction of business out of court - Chapter 215, Section 32
  Judges of the probate courts may transact business out of court at any time and place, if all parties entitled to notice assent thereto in...
• Massachusetts General Laws - Notice; ex parte matters - Chapter 215, Section 33
  Orders of notice and other official acts which are passed as of course and which do not require previous notice to an adverse party may...
• Massachusetts General Laws - Enforcement of orders, sentences, judgments and decrees; punishing contempts; effect of arrearages on support orders; unemployment of defendant - Chapter 215, Section 34
  Probate courts shall have like power and authority for enforcing orders, sentences, judgments and decrees made or pronounced in the exercise of any jurisdiction vested...
• Massachusetts General Laws - Contempt; support or custody orders; costs; service; attorney’s fees; interest; IV-D agency; arrest warrants - Chapter 215, Section 34A
  (a) Actions for contempt against any party for failure to obey any order or judgment of the probate court relative to support of a wife...
• Massachusetts General Laws - Review of contempt order prior to order of confinement - Chapter 215, Section 34B
  A judge of the probate court who has found a party to be in civil or criminal contempt for failure to obey any order or...
• Massachusetts General Laws - Warrants and commissions; revocation - Chapter 215, Section 35
  A warrant or commission for the appraisal of an estate, for examining the claims against insolvent estates, for the partition of land or for the...
• Massachusetts General Laws - Judgments, decrees and orders; necessity of writing; notices; recording - Chapter 215, Section 36
  Judgments, decrees and orders of probate courts shall be in writing, and in contested cases or in cases wherein the court has reserved judgment, notices...
• Massachusetts General Laws - Docket and index; manner of keeping; public inspection - Chapter 215, Section 37
  Each register shall keep a docket of all cases and matters in his court, and shall enter therein every case or matter by its appropriate...
• Massachusetts General Laws - Oaths - Chapter 215, Section 38
  Oaths required in proceedings in the probate courts may be administered by the judge, register, first assistant register, assistant register, judicial case manager, assistant judicial...
• Massachusetts General Laws - Administration of estates; compensation for services; power to determine and enforce - Chapter 215, Section 39
  Probate courts may ascertain and determine the amount due any person for services as appraiser, for premiums of surety companies for acting as surety upon...
• Massachusetts General Laws - Attorneys’ fees; power of court to determine - Chapter 215, Section 39A
  At any time during the administration of an estate, and irrespective of the pendency of a particular proceeding, the probate court shall have power to...
• Massachusetts General Laws - Attorneys’ fees; allowance - Chapter 215, Section 39B
  When a judgment or decree is entered in a contested proceeding seeking equitable relief or on an account or to determine the construction of a...
• Massachusetts General Laws - Resignation or removal of fiduciary; power to compel surrender of property - Chapter 215, Section 40
  If an executor, administrator, guardian, conservator, trustee or receiver resigns or is removed, and neglects or refuses to deliver to his successor all property held...
• Massachusetts General Laws - Temporary investments - Chapter 215, Section 41
  A probate court may, upon application of a person interested in an estate in process of settlement in such court, direct the temporary investment of...
• Massachusetts General Laws - Distribution of limited funds of estates to parents of minors - Chapter 215, Section 41A
  A probate court may, upon application of an administrator or executor of an estate under such terms and conditions as the court may direct, authorize...
• Massachusetts General Laws - Appearances - Chapter 215, Section 42
  A duly authorized attorney at law may enter his appearance as attorney for the party represented by him in any proceeding in a probate court,...
• Massachusetts General Laws - Interrogatories - Chapter 215, Section 43
  In any proceeding in a probate court, the petitioner or respondent may at any time after the filing of the petition file interrogatories in the...
• Massachusetts General Laws - Concealed property; examination of suspects under oath - Chapter 215, Section 44
  Upon complaint to a probate court by a person interested in the estate of a deceased person against a person suspected of having fraudulently received,...
• Massachusetts General Laws - Costs - Chapter 215, Section 45
  In contested cases before a probate court or before the supreme judicial court on appeal, costs and expenses in the discretion of the court may...
• Massachusetts General Laws - Summons or citation; service by registered mail - Chapter 215, Section 46
  When personal service is required of any summons or citation issued by a probate court, the court may direct such service to be made by...
• Massachusetts General Laws - Waiver of notice - Chapter 215, Section 47
  The notice required in any proceeding in a probate court may be dispensed with if all parties entitled thereto assent in writing to such proceeding...
• Massachusetts General Laws - Repealed, 1970, 317, Sec. 2 - Chapter 215, Section 48
  Repealed, 1970, 317, Sec.
• Massachusetts General Laws - Notices; selection of newspapers - Chapter 215, Section 49
  Parties to probate proceedings may select the newspapers in which the notices ordered upon their petitions shall be published, preference to be given to a...
• Massachusetts General Laws - Receipts and releases of fiduciaries; recording; fees - Chapter 215, Section 50
  A paper or instrument, discharging a claim or purporting to acknowledge the performance of a duty or payment of money for which an executor, administrator,...
• Massachusetts General Laws - Repealed, 1955, 418, Sec. 2 - Chapter 215, Section 51
  Repealed, 1955, 418, Sec.
• Massachusetts General Laws - Original will; taking from registry - Chapter 215, Section 52
  The probate court in which a will has been duly proved, allowed and recorded may, after the expiration of twenty days within which an appeal...
• Massachusetts General Laws - Court room and room for records; duty to provide - Chapter 215, Section 53
  The commonwealth shall provide and maintain suitable rooms for the use of the probate courts, ample fireproof rooms and suitable alcoves, cases and boxes for...
• Massachusetts General Laws - Rooms for records; additional space - Chapter 215, Section 54
  If in the opinion of the court administrator of the trial court such fireproof rooms are insufficient, he shall certify the need of additional accommodations...
• Massachusetts General Laws - Preservation of dockets and indexes - Chapter 215, Section 55
  If in the judgment of the chief justice public convenience so requires, he may, at the expense of the commonwealth, cause the files and records...
• Massachusetts General Laws - Recording of proceedings in Suffolk; expense - Chapter 215, Section 56
  The expense of recording probate proceedings in Suffolk county, not exceeding forty-five hundred dollars in any one year, shall be paid by the commonwealth, upon...
• Massachusetts General Laws - Investigations - Chapter 215, Section 56A
  Any judge of a probate court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court relating to...
• Massachusetts General Laws - Contempt proceedings involving child care, custody or maintenance; guardian ad litem; appointment - Chapter 215, Section 56B
  Any judge of a probate court may appoint a guardian ad litem to institute contempt proceedings under the provisions of section thirty-four A against any...
• Massachusetts General Laws - Contempt powers of judge, etc. - Chapter 215, Section 57
  The judge of a probate court may keep order in court, and may punish any contempt of his authority.
• Massachusetts General Laws - Court; open times - Chapter 215, Section 58
  The probate court shall be open daily on days other than Saturdays, Sundays and legal holidays, for hearings, matters in equity, proceedings in contempt and...
• Massachusetts General Laws - Adjournment - Chapter 215, Section 59
  A judge of a probate court may adjourn court as occasion requires; and if he is absent at the time appointed for holding court, the...
• Massachusetts General Laws - Holidays and election days - Chapter 215, Section 60
  If the regular time for holding a probate court occurs on a legal holiday, the court shall not be open, and all notices, summonses, citations,...
• Massachusetts General Laws - Repealed, 1939, 65, Sec. 1 - Chapter 215, Section 61
  Repealed, 1939, 65, Sec.
• Massachusetts General Laws - Times and places for holding courts - Chapter 215, Section 62
  The court shall be held by one of the justices, and when so held shall have and exercise all the power and jurisdiction committed to...
• Massachusetts General Laws - Repealed, 1986, 174, Sec. 2 - Chapter 215, Section 63
  Repealed, 1986, 174, Sec.

Last modified: September 11, 2015