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.