When you don't need to file a name change in court
There are three situations when you don't have to file in court and pay a fee just to change your name:
- When you get married. See Getting married in Massachusetts for more information.
- When you get divorced. If you're getting divorced and want to resume a name you have legally had in the past, you can ask to resume this former name in your Complaint for divorce (CJD-101), Joint Petition for Divorce form (pursuant to G.L. c. 208, § 1A) (CJD-101A), or Counterclaim for Divorce (CJD-202). You can't change a child’s name through a divorce.
- When you become a naturalized citizen. If you're in the process of becoming a naturalized U.S. citizen, you can request a name change from the federal government through this process.
When you DO need to file a name change with the court
Step 1. Prepare all forms and gather documents
- Find the Probate and Family Court in the county where the minor resides (reside is where the minor currently lives). You will need this information to complete forms.
- Prepare all documents required to file the minor’s change of name by using the Checklist of forms: Change of name for a minor.
Sign the Petition to Change Name of Minor (CJP 25) in the presence of a Notary Public (an official who is commissioned by the state to witness documents).
On the Petition to Change Name of Minor, the minor is the petitioner.
Any minor, who is 12 years of age or older, petitioning to have their name changed is required to sign the Petition to Change Name of Minor in the presence of a notary. If the minor does not have photo identification, you may use a Motion (CJD 400) to ask the court to waive the notarization requirement.
A Notary Public is an official who is commissioned by the state to witness documents.
What is the minor's legal name?
If they were born in the United States
In general, a US born person’s legal name is the name shown on his or her U.S. birth certificate unless the person’s name has changed based on certain events, such as a marriage or a valid court order for a name change.
If they were born outside of the United States
A foreign-born person’s legal name is the name shown on his or her immigration document unless the person’s name has changed based on certain events, such as a marriage or a valid court order for a name change.
Step 2. File the forms with the court and pay the fee
The fee for filing a name change petition is:
$150 Filing Fee + $15 Surcharge Fee = $165 Total Filing Fee
If an Order of Notice is issued by the court, there is an additional + $15 Citation Fee.
If you are financially unable to pay the fee go to Indigency (waiver of court fees) to see if you qualify to have your fees waived. If you qualify, you will need to file your Affidavit of Indigency with the forms required on the checklist.
If an entire family seeks a name change or two or more children who have the same legal parents seek a name change, a separate petition must be filed for each person whose name is seeking to be changed, but you will only have to pay one fee for the entire family (unless the filing fee is otherwise waived by the Court pursuant to G. L. c. 261.
Where do I file?
You must file the forms at the Probate and Family Court in the county where the minor currently resides.
What are my filing options?
In-person
Bring the forms and documents to the Probate and Family Court that serves the county where the minor lives. You can pay by bank check, money order, or credit card at the courthouse OR
By mail
Mail the forms, documents, and a bank check or money order for the entire fee to the Probate and Family Court in the minor's county OR
Online
File online (eFile) the forms, documents, and pay the fee. The flat fee for eFiling and initial case is $22.
For more information on eFiling your change of name go to Probate and Family Court eFiling: Change of Name.
Step 3. Administrative review
After you have filed your petition and all required documents, the Court will refer your case for a review.
The Court may allow your change of name without you having to appear at the courthouse OR the Court may issue an Order of Notice (CJ-P 130) requiring a citation to issue for you to give notice of a Citation on Petition for Change of Name (CJ-P 28).
If your Change of Name was handled administratively, meaning you did not need to come to the Court, you will be mailed a Certified Decree of Change of Name, and your case is completed. If you requested your original documents back, these will be included.
If you receive an Order of Notice (CJ-P 130) and accompanying Citation on Petition for Change of Name (CJ-P 28), meaning public notice and/or notice on interested parties needs to be made, you will need to complete service as outlined in the Court Order.
Step 4. Types of notice
After review, if the Court gives you a Citation for Change of Name (CJ-P 28), it will say if public notice and/or notice on interested parties is required as follows:
- Service by certified mail, return receipt requested
- Mail to Legal Parents and Guardians
Unless all legal parents and any court appointed guardians have signed the petition OR filed assents with the Court, you will need to mail a copy of the Petition and Citation to them by certified or registered mail with a return receipt requested. - You may be required to notified additional interested persons or organizations as reflected in the Order of Notice (CJ-P 130).
- Mail to Legal Parents and Guardians
- Service by publication in the newspaper
Publish in the newspaper
You will be required to publish the top section of the Citation in a newspaper that the Court lists on page two (2) of the citation. You will need to publish at least seven (7) days before the return date listed on page one (1) of the Citation. See the Sample Citation below.Note: If you believe there is a reason why you should not publish the minor’s name change in the newspaper, you may file a Motion (CJD 400) asking the Court to waive publication. A judge will review your request and allow or deny it.
If you were unable to complete the required notifications by mail or you do not know where a legal parent or guardian reside, you will need to file a Motion for Alternate Service and Affidavit of Diligent Search (CJP 31) and Military Affidavit (TC0002).
Note: You may be required by the Court to file a Military Affidavit (TC0002) before a decree will enter if you have provided proper notice, but the legal parent or court-appointed guardian has not filed an answer or an assent.
Sample citation
You need to check what is ordered by the Court for service on your citation.
- If you were asked to give notice to interested parties, they will be checked off below, and notice must be given before 4/1/23 which is 14 days before 4/15/23, the return day listed on the Citation.
- If you were asked to publish, as shown below, you would contact the Nantucket Current newspaper and ask that the Citation be published before 4/8/23 which is 7 days before 4/15/23, the return day listed on the Citation.
Return Day is the deadline for a person to object to the minor’s name change by filing an appearance and objection with the Court.
Step 5. If issued a citation, file the return of service with the court
You must file the Citation with a completed page three (3), the Return of Service, with the Court showing that you provided the correct notice of your name change.
You will be required to file proof that you followed the court’s order.
Proof of service may include:
- Copy of the posting in the newspaper where the citation was published (must include the date).
- Return receipts for any mailing.
Example of a return receipt from the post office.
What is a return receipt?
- If you are required to mail your petition and citation to an interested person, you will need to do so by certified and registered mail, return receipt requested. You will need to ask the Post Office to provide you with the return receipt for the mailing. You will file the return receipt (green card) with the Court showing that you completed the mailing correctly.
- If you were unable to complete the required notifications by mail, you will need to file forms Motion for Alternate Service and Affidavit of Diligent Search (CJP 31) and Military Affidavit (TC002).
Step 6. What happens next?
The court may allow the minor’s change of name without anyone having to appear at the courthouse OR you may receive a notice that a hearing will be held.
If the minor’s name change was handled administratively, meaning no one had to come to court, you will be mailed a certified Decree of Change of Name, and the case is completed. If you requested your original documents back, these will be included.
If you and the minor are required to attend a hearing, you will receive a notice in the mail that includes a date, time, and location where you need to appear. Bring copies of all documents with you, including any proof of service to the hearing.
What do I do if I need more help?
More information on name changes
- G. L. c. 210, § 12-14
- Uniform Probate and Family Court Practice XXXV: Change of Name Actions
- Learn more about name changes
- Information on eFiling: eFiling in Probate and Family Court
- Change information on your driver's license or ID card
- Changing your name on your Social Security card (PDF)
- Amend a birth certificate following medical intervention for the purpose of sex reassignment