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, and wherever the words ''probate court'', ''court of insolvency'' or ''probate and insolvency court'' are used, or…

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 Procedure.

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, decree or denial was made shall report the material facts found by him, on request of any party entitled to ap…

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 questions of law therein for consideration of the appeals court, and thereupon like proceedings shall be had as upon appeal. And if, upon…

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 to the appeals court or supreme judicial court that such final judgments and decrees are erroneously affected thereb…

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 of creditors against the estate, receives and examines such claims itself, the provisions of this chapter, so far a…

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 attend the trial, or such part thereof as the judge may direct, and perform like duties and receive the same compensation therefor as a st…

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 one notice of appeal, and they shall thereupon be entered as one appeal in the supreme judicial …

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, judgment, decree, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudicat…

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 such consolidated appeals together or otherwise, as justice requires.

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 otherwise expressly provided, be stayed until the determination thereof by the supreme judicial court or appeals court; but if…

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 shall not suspend or stay proceedings under such order or decree pending the appeal. But the probate court or a justice of the supre…

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 thirty-seven of chapter two hundred and nine, except that, as provided in the Massachusetts Rules of Domest…

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 by a justice of the supreme judicial court. The probate court may in such case a…

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 judicial court.

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, a justice of the supreme judicial court may suspend or modify such order or decree during the pendency of such appeal.

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 probate court, and may enter such judgment or decree thereon as the probate court should have entered, may remand the case for fu…

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 inhabitants of or residents in their respective counties and of persons who die out of the commonwealth leaving estate…

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 the business in their courts in all cases not expressly provided for by law and shall prescribe forms, and, as soon as convenient a…

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 given to parties interested or to the attorneys of record therefor.

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 writing or voluntarily appear; and in such cases their judgments and decrees shall be entered as of such sessions of the court as…

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 be issued and performed at any time.

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 in them, and for punishing contempts of such orders, sentences, judgments and decrees and other cont…

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 or children or affecting the custody of children shall be commenced in accordance with the rules of probate courts applicable to do…

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 judgment of the probate court relative to support of a spouse or children or relative to the custody of children shall, before ordering such person…

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 assignment of dower or curtesy or other interests in land, may be revoked by the court for sufficient cause, and a new comm…

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 thereof shall be given by the registers to the attorneys of record, and in the absence of an attorney of record, to…

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 title and number, brief memoranda of all proceedings had and papers filed therein, the dates of such proceedings or filing of such …

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 case manager or session clerk in or out of court or by a justice of the peace or not…

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 the official bonds of administrators, executors, trustees, guardians, conservators or receivers, or for services …

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 hear an application for, and fix and determine, the compensation and expenses of an attorney for services rendered t…

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 will or of any trust instrument or to determine any question as to the powers, rights or duties of any fiduciary under any w…

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 and maintenance of minor children provided for by sections thirty and thirty-seven of chapter tw…

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 by him under the trust, the probate court may, upon application of such successor or any person benef…

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 any money belonging to such estate in securities approved by the judge, or on paid-up shares and accounts of and in co-…

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 said person to deliver to the parent of a minor, any funds to which such minor is entitled and held by said administr…

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, and all processes and notices served upon him shall have the same force and effect as if served upon the party whom he represe…

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 registry of probate for the discovery of facts and documents material to the support or defence of the proceeding. All provi…

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, concealed, embezzled or conveyed away any property, real or personal, of the deceased, the court may cite such suspe…

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 be awarded to either party, to be paid by the other, or may be awarded to either or both parties to be paid out of the estat…

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 registered mail addressed to the party entitled thereto at his post office address. Further service may be ordered.

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 or waive notice.

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 newspaper, if any, published in the town where the deceased last dwelt, unless, in the judgment of the register, …

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 account of French spoliations.

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, guardian, conservator, trustee or receiver is chargeable or accountable in a probate court, shall, upon the requ…

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 may be taken from the decree admitting such will to probate, upon the petition of the executor or of a legatee named in such wi…

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 the safe keeping of all records, files, papers and documents, whether in physical or electronic form, belongin…

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 to the general court.

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 of the probate and family court department, within the respective divisions, to be rearranged, indexed and docketed, worn or…

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 the official certificate of the register, countersigned by a justice appointed to the division for said co…