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Budget Summary FY2010

Outside Section 97
Data Current as of:  1/26/2010




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Probate Court Fees

SECTION 97.   Chapter 262 of the General Laws is hereby amended by striking out section 40, as so appearing, and inserting in place thereof the following section:-

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

for the entry of a complaint for divorce or for affirming or annulling marriage, except as provided hereinafter for an action in equity, $200;

for the entry of an action for separate support, $100;

for the issuance of a contempt summons, $5;

for the entry of a petition for the probate of a will, for administration of the estate of a person deceased intestate, for administration of goods not already administered, with the will annexed or otherwise, of a petition under section 35 or 36 of chapter 209 by a husband or wife for authority to convey land as if sole, for change of name, for leave to carry on the business of the deceased and for the appointment of a special administrator, trustee, receiver of the estate of an absentee, or conservator except when the conservator petition is filed concurrently with a petition for removal, resignation, or termination of a conservator, $150;

for the entry of a petition to partition, $255;

for filing a representation of insolvency, $150;

for the entry of a petition: for leave to lease real estate; for specific performance; for leave to mortgage real estate; for release of dower or courtesy; for letters to a foreign guardian; for leave to compromise and for leave to pay debts, except when the petitioner or accountant certifies that the estate does not exceed $1,000 in value, $75;

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

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

for the entry of a general petition except such as relates to adoption or custody or support of minors, $150;

for the entry of a petition for removal of a fiduciary, $100;

for the amendment of record except such as relates to separate support, adoption or the custody or support of minors, for discharge of surety, for care of burial lot and for erection of a monument, $60 each;

for new bond and for new inventory, $75 each;

for filing a statement of voluntary administration, $100;

for the petition or application for allowance of an account where the gross value accounted for in Schedule A of the account is $1,000 or less, no fee; where the gross value is more than $1,000 but not more than $10,000, $75 a year; provided, however, that the fees shall not exceed $170 regardless of the time covered by the account; where the gross value is $10,000 or more but not more than $100,000, $100 for each year or major fraction thereof covered by the account; where the gross value is more than $100,000 but not more than $500,000, $150 for each year or major fraction thereof covered by the account; where the gross value is more than $500,000 but not more than $1,000,000, $200 for each year or major fraction thereof covered by the account; where the gross value is more than $1,000,000, $400 for each year or major fraction thereof covered by the account;

for the petition or application for sale of real or personal estate where the gross value accounted for is $100,000 or less, $100; where the gross value is more than $100,000 but not more than $250,000, $250; where the gross value is more than $250,000 but not more than $500,000, $500; where the gross value is more than $500,000 but not more than $1,000,000, $750; where said gross value is over $1,000,000, $1000;

for filing a motion for change of name, $100;

for filing a motion for the framing of jury issues, $140;

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

for filing a bond, $50;

for issuance of an injunction, $150;

for issuance of a temporary restraining order, $100;

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

for entry 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 filing 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 application of leave to deposit certain funds pursuant to section 27 of chapter 206, $200; and

for filing 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;

Notwithstanding 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.