Fiduciary Litigation Session (FLS)

The Fiduciary Litigation Session (FLS) is a specialized session within the Probate and Family Court for the speedy resolution of complex probate and trust cases.

Overview

The Fiduciary Litigation Session (FLS) is a specialized session within the Probate and Family Court. The FLS was created in 2017 through Standing Order 3-17. The goal of the FLS is to provide a specialized forum for the speedy resolution of complex probate and trust cases and to provide individualized and collaborative case management to reduce the costs associated with fiduciary litigation. The FLS accepts cases from all divisions of the Probate and Family Court, limited to specific case types. Acceptance is based primarily on the complexity of the case and the need for substantial case management. 

The FLS may accept the following case types: 

• Contested cases involving the probate of a will, determination of heirs, and appointment or removal of a personal representative; 
• Contested conservatorship, estate, and trust accounts; 
• Trust petitions; 
• Equity complaints on issues involving estates and trusts; 
• Removal of conservators; and 
• Petitions to partition.

The FLS has three locations, each with an assigned judge and sessions clerk: 

• FLS Norfolk 
• FLS Marlborough
• FLS West 

Reassignment procedure

All cases must be filed in the division of proper venue. A party, attorney, or the assigned judge may request reassignment to the FLS by filing a Request for Reassignment (MPC 304) after the expiration of the answer period or return date. 

• A copy of the request must be filed in the original division with a copy sent to all attorneys and self-represented parties and a copy sent to the Administrative Office of the Probate and Family Court. The copy for the Administrative Office may be sent via email to FLS Case Manager Lydia Hochheimer at [e-mail]. There is a ten-day objection period during which a party may object to the reassignment by filing a written response. 
• The assigned judge will then approve or deny the request for reassignment. If the case is approved for reassignment to the FLS by the assigned judge, the FLS will determine whether to accept the case and will issue a notice of reassignment or a notice of denial. 
• If the case is accepted into the FLS, the case file will be transferred to the FLS, and the FLS will docket subsequent pleadings. Standing Order 3-17 sets forth in more detail how to request reassignment to the FLS. 
• Once a matter has been accepted by the FLS and assigned to a specific FLS session, subsequent pleadings should be filed directly with the FLS sessions clerk for that session until the conclusion of the matter. There is an exception for subsequent pleadings requiring a filing fee; any filing fees must be paid in the original division. 
• The case file will be returned to the original division after the conclusion of the matter.

Locations and contact information

FLS Norfolk

Location: Norfolk Probate and Family Court
Courtroom: Courtroom 6, third floor
Judge: Hon. Elaine Moriarty
Sessions clerk: Dianne Rowland
Contact: [e-mail] 

Filings for matters assigned to FLS Norfolk should be filed by mail or hand-delivery to: 
Norfolk Probate and Family Court
ATTN: FLS 
35 Shawmut Road, Canton, MA 02021 

FLS Marlborough

Location: Marlborough District Court 
Courtroom: Courtroom C
Judge: Hon. Evelyn Patsos
Sessions clerk: Leslie Girardi
Contact: [e-mail] 

Filings for matters assigned to FLS Marlborough should be filed by mail or hand-delivery to: 
Marlborough District Court
ATTN: FLS 
45 Williams Street, Marlborough, MA 01752 

FLS West

Location: Franklin Probate and Family Court
Courtroom: Probate and Family Court Courtroom 3
Judge: Hon. Alexandra Flanders
Sessions clerk: Leslie Girardi
Contact: [e-mail] 

Filings for matters assigned to FLS West may be filed by email to [e-mail] (25 page limit), by mail, or hand-delivery to: 
Marlborough District Court
ATTN: FLS 
45 Williams Street, Marlborough, MA 01752 

Please note that the filing and hearing locations for FLS West are different.

Filing fees and summons/citations

The FLS cannot accept filing fees or issue summons or citations. Any filing fees required for subsequent pleadings must be paid in the original Probate and Family Court  location. 

Notices of appeal must be filed in the original Probate and Family Court location with a copy sent to the FLS sessions clerk.

Standing orders and forms

Need assistance?

If you have a question related to a matter assigned to one of the three FLS sessions, please contact the sessions clerk for that session at:

• FLS Norfolk: [e-mail]  
• FLS Marlborough: [e-mail]  
• FLS West: [e-mail]

If you have a general question related to the FLS, feedback about the FLS, or need further assistance, please contact FLS Case Manager, Lydia Hochheimer at: [e-mail].