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Press
Release
Probate and Family Court Department
| CONTACT: |
Mark
R. Quigley
Administrative Attorney
(617) 788-6600 |
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FOR
RELEASE ON: July 10, 2003 |
PROBATE
AND FAMILY COURT INCREASE IN FILING FEES
Chief
Justice Sean M. Dunphy has announced that the Legislature has amended
G.L. c. 262, § 40, Enumeration of Fees, to increase the amount
of fees the Registers of the Probate and Family Court Department
shall charge.
The
amended fees are bolded and are 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, two
hundred dollars ($200).
For the entry of
an action for separate support, one hundred dollars ($100).
For
the entry of a petition for the probate of a will, for administration
of the estate of a person deceased intestate, of a petition for
administration of goods not already administered, with the will
annexed or otherwise, of a petition under section thirty-five (1) or
thirty-six of chapter two hundred and nine by a husband or wife
for authority to convey land as if sole, of a petition for partition,
of a petition for change of name, of a petition for leave to carry
on the business of the deceased, and for filing a representation
of insolvency and for the entry of a petition for the appointment
of a special administrator, conservator, trustee, receiver of the
estate of an absentee, or a guardian except when the petitioner
certifies that the ward's estate does not exceed one hundred dollars, one
hundred fifty dollars ($150).
For the entry of
a petition for leave to lease real estate, of a petition for specific performance,
of a petition for leave to mortgage real estate of a petition in equity except
such as relates to separate support, adoption, or the custody or support of minors,
of a petition for release of dower or curtesy, of a petition for letters to a
foreign guardian, of a petition for leave to compromise, and of a petition for
leave to pay debts, except when the petitioner or accountant certifies that the
estate does not exceed one thousand dollars in value, seventy-five dollars ($75).
For
the entry of a petition for the sale of real or personal estate
including sales of real estate subject to vested or contingent
remainders and petitions for sale of real estate or removal where
the gross value accounted for is $100,000 or less, one
hundred dollars ($100); where the gross value accounted
for is more than $100,000 but not more than $250,000, two
hundred fifty dollars ($250); where the gross value accounted
for is more than $250,000 but not more than $500,000, five
hundred dollars ($500); where the gross value accounted
for is more than $500,000 but less than $1,000,000, seven
hundred fifty dollars, ($750); where the gross value accounted
for is over $1,000,000, one thousand dollars, ($1,000).
For the entry of
a general petition except such as relate to adoption, or custody or support of
minors, one hundred fifty dollars ($150).
For
the entry of a petition for the removal of a fiduciary, for filing
a statement of voluntary administration, for motion for change
of name, one hundred dollars ($100).
For the entry of
petitions 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 sixty dollars ($60) each.
For
the entry of petitions for a new bond and for a new inventory, seventy-five
dollars ($75).
For the petition
or application for allowance of an account where the gross value accounted for
in Schedule A of said account is one thousand dollars or less, no fee; where
said gross value is more than one thousand dollars but less than ten thousand
dollars, seventy-five dollars ($75) a year;
provided, however, that the fees shall not exceed one hundred and seventy dollars ($170),
regardless of the time covered by the account; where said gross value is more
than ten thousand dollars but not more than one hundred thousand dollars, one
hundred dollars ($100) for each year or major fraction
thereof covered by such account; where said gross value is more than one hundred
thousand dollars but not more than five hundred thousand dollars, one
hundred fifty dollars ($150) for each
year or major fraction thereof covered by such account; where said gross value
is more than five hundred thousand dollars and not more than one million dollars, two
hundred dollars ($200) for each year or major fraction
thereof covered by such account; where said gross value is more than one million
dollars, four hundred dollars ($400) for each
year or major fraction thereof covered by such account.
For filing a motion
for the framing of jury issues, one hundred forty dollars ($140).
For
filing a will for safekeeping, seventy-five dollars ($75);
provided, that no additional fee shall be charged for filing a
will in substitution for a will previously filed and withdrawn.
For
filing a bond, fifty dollars ($50).
For
issuance of an injunction, one hundred fifty dollars ($150).
For the issuance
of a temporary restraining order, one hundred dollars ($100).
For entry of an action
for the modification of a decree, one hundred fifty dollars ($150).
Notwithstanding
the provisions of this section, no fee shall be charged for the
filing of a complaint to modify a temporary order or final judgement
relating to support, maintenance or education of a child nor for
the issuance of a temporary restraining order against a spouse
related to a complaint for divorce or separate support
Please
be advised that G.L. c. 262, § 4C has also been amended and thus
any party entering a complaint, petition or other civil action
in which an initial filing fee is payable and to which a separate
docket number or suffix is assigned, shall pay to the register
of the court a surcharge of fifteen dollars ($15.00) in addition
to the fee otherwise required by law.
1. Repealed
Also See: Uniform
Schedule of Fees 
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