Chapter 217

Section 1. For each county there shall be a division of the probate and family court department of the trial court, and in each division except those for Suffolk, Middlesex, Essex, Worcester, Plymouth, Hampden, Bristol, Norfolk and Barnstable counties, one appointment of an assoc…

Section 10. Bonds required to be given to the judge of probate shall be given, in case of vacancy in the office of judge, to the acting judge, and to his successors in office, and all business shall be done in his name or in the name of the probate court or the court of insolvenc…

Section 11. Judges of probate shall semi-annually inspect the doings of the registers of their courts, and see that the records and files are made up seasonably and kept in good order; and if the records are left incomplete for more than six consecutive months, such neglect, unle…

Section 12. Each register shall give bond to the state treasurer for the faithful performance of his official duties, in a sum not less than one thousand nor more than ten thousand dollars, as ordered by the judge, with one or more sureties approved by him.

Section 13. Upon the death, resignation, removal or absence of the register, if there is no assistant register, or if he also is absent, the judge shall appoint a temporary register to act until a register is qualified, or until the disability is removed. Such temporary register …

Section 14. The register shall certify upon his records and to the comptroller the number of days, the dates upon which, and the occasions for which, the duties of the judge of probate are performed by a judge of another county under section eight.

Section 15. The register shall have the care and custody of all books, documents and papers, whether in physical or electronic form, pertaining to his court, or deposited with the records of insolvency or filed in the registry of probate, and shall carefully preserve them and del…

Section 15A. The register or assistant register may print or type the name of any person whose signature appears on any instrument filed in the registry of probate and is not clearly legible, such name to be printed or typed directly below such signature.

Section 15B. Whenever the inventory or schedule filed by a fiduciary indicates that a decedent, ward, absentee or beneficiary owns or owned real estate in a registry district other than that in which the inventory or schedule is filed, the fiduciary shall cause to be inserted in …

Section 15C. The register in each county shall, upon the receipt of an inventory, filed in an estate matter being probated in his court, which contains as an asset an interest in real estate located in another county, send a certified copy of the will or petition for administrati…

Section 16. The register shall, except as herein provided, send by mail to the commissioner of revenue a copy of every inventory and appraisal filed in his court by an executor, administrator or trustee, within thirty days after the filing of the same. The register shall also, wi…

Section 16A. The register in each county shall, upon the request in writing of the board of assessors of any city or town in the register's county, furnish the board with copies of petitions, formal and informal, pursuant to sections 3–301 and 3–402 of chapter 190B, for probate o…

Section 17. The register shall forthwith report to the state secretary a vacancy in the office of assistant register and the name, residence and date of appointment of the person appointed to fill such vacancy.

Section 18. The register shall furnish copies of records or other papers in his custody and shall collect the legal fees therefor.

Section 19. Whenever any instrument creating or increasing an estate or fund for benevolent, charitable, humane or philanthropic purposes is filed for record in a registry of probate, the register shall forthwith send to the division of public charities established by section eig…

Section 2. There shall be six judges of probate in the county of Middlesex, four judges of probate in the counties of Norfolk, Bristol, Suffolk, Worcester and Plymouth, three judges of probate in each of the counties of Essex and Hampden, and two judges of probate in the county o…

Section 20. The register shall annually, on the first Mondays of January, April, July and October, account for and pay over to the state treasurer all fees and compensation which have been received by him otherwise than by salary.

Section 21. He may at any time receive and place on file complaints, petitions and applications to the probate court or the court of insolvency, and may issue orders of notice, summonses and citations in like manner and with like effect as if issued by the judge; but if the judge…

Section 22. The register may issue process of attachment and of execution, and all other processes and all warrants, letters and licenses necessary to carry into effect any order, judgment or decree of the courts, and they may run into any county and shall be executed and obeyed …

Section 22A. Whenever the register, in any communication, document or writing intended for use outside the registry, identifies a husband and wife, he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name.

Section 23. The register of the respective courts of the probate and family court department may, with the approval of the chief justice of the probate and family court, appoint for a term of 3 years and may, with the approval of the chief justice, remove a first assistant regist…

Section 23A. In addition to the first assistant registers of probate provided for in section 23, the registers of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family cour…

Section 23B. The registers of probate of the respective courts of the probate and family court department for the following counties may, subject to the approval of the court administrator as to compliance with personnel standards promulgated pursuant to section 8 of chapter 211B…

Section 23C. The first justice of the respective courts of the probate and family court department may, with the approval of the chief justice of the probate and family court, appoint for terms of 3 years and may, with the approval of the chief justice, remove a judicial case man…

Section 23D. In addition to the judicial case managers of the probate and family court provided for in section 23C, the first justices of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the…

Section 26. The signing or electronic rendering of the name of any second, third or fourth assistant register followed by the designation, ''assistant register'', shall be a sufficient official signature.

Section 27. An assistant register shall perform his duties under the direction of the register and shall pay over to the register all fees and amounts received as such assistant. He may authenticate papers and perform such other duties as are not performed by the register. In cas…

Section 27A. A judicial case manager and an assistant judicial case manager shall perform his duties under the direction of the first justice and shall pay over to the register all fees and amounts received as such assistant. He may authenticate papers and perform such other duti…

Section 28. The first justice of the Suffolk county court may, subject to the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge…

Section 29. The first justice of the Middlesex county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or …

Section 29A. The first justice of the Dukes county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or reg…

Section 29B. The first justice for the Nantucket county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge o…

Section 29C. The register of the Barnstable probate court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove…

Section 29D. The register of the Berkshire probate court may, with the approval of the chief justice of the probate and family court, designate 1 employee as deputy assistant register with the same powers as assistant register and with the approval of the chief justice remove a d…

Section 29E. The register of the Hampden probate court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a …

Section 29F. The register of the Worcester probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief just…

Section 29G. The register of the Bristol probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justic…

Section 29H. The register of the Hampshire probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief just…

Section 29I. The register of the Plymouth probate and family court may, with the approval of the chief justice of the probate and family court, designate 5 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justi…

Section 29J. The register of the Essex probate and family court may, with the approval of the chief justice of the probate and family court, designate 1 employee as deputy assistant register with the same powers as an assistant register and with the approval of the chief justice …

Section 29K. The register of the Franklin probate and family court may, with the approval of the chief justice of the probate and family court, designate 1 employee as deputy assistant register with the same powers as an assistant register and with the approval of the chief justi…

Section 29L. The register of the Norfolk probate and family court may, with the approval of the chief justice of the probate and family court, designate 1 employee as deputy assistant register with the same powers as an assistant register and with the approval of the chief justic…

Section 30. The judges of probate for the counties of Suffolk, Middlesex, Plymouth and Norfolk may appoint three officers, and the judges of probate for the counties of Essex and Worcester may appoint two officers to attend the sessions of the court for their respective counties.…

Section 33. The registers for the several counties shall annually be allowed for assistance in their several counties, to be paid by the commonwealth, such sums as shall annually be appropriated by the general court. All employees in the various registries of probate shall be sub…

Section 35. The salaries of registers, including administrative deputy assistants, judicial case managers, assistant judicial case managers, first assistant registers and assistant registers shall be paid by the commonwealth.

Section 35A. The salaries of the registers of the probate and family court department shall be 81.57 per cent of the salary of the chief justice of the department and shall be paid, subject to appropriation, by the commonwealth. The registers of probate shall devote their entire …

Section 35B. The salaries of first assistant registers, judicial case managers and administrative deputy assistants of the probate and family court department shall be 83.5 per cent of the salary of the registers pursuant to section 35A and shall be paid by the commonwealth. The …

Section 39. The compensation of court officers for attendance at sessions of the probate courts and of messengers for said courts, whose appointment is authorized by law, shall be paid by the commonwealth.

Section 3B. There shall be an associate justice of the trial court appointed in Hampshire county, hereinbefore known as the special judge of probate and insolvency in the county of Hampshire, who shall be and perform the duties of a full-time circuit justice in said county or suc…

Section 3C. There shall be 19 associate justices of the trial court appointed for the probate and family court department who shall be and perform the duties of circuit justices in such counties as the chief justice shall from time to time designate, and when so assigned they sha…