Section 39A. At any time during the administration of an estate, and irrespective of the pendency of a particular proceeding, the probate court shall have power to hear an application for, and fix and determine, the compensation and expenses of an attorney for services rendered to the estate or to its representative or to a devisee, legatee, distributee or any other person interested therein.
Such application shall be instituted by a petition, upon a form provided by the court. Notice of the application shall be given in such manner as the court shall direct. In the event that the court shall determine that any sum or sums is or are due to the petitioner or to any other party interested in the application, the compensation shall be awarded on an equitable basis in accordance with the size, importance, complexity and difficulty of the matters involved and the time spent thereon. The court may direct payment thereof from the estate generally or from funds in the hands of the representative of the estate and belonging to any legatee, devisee, distributee or other person interested therein.
In the event that the court shall determine that any such attorney has already received or been paid a sum in excess of the fair value of his services on such equitable basis, as thus determined, the court shall have power to direct him to refund such excess.
For the purposes of this section, the term ''estate'' shall be deemed to include trusts, guardianships, conservatorships and all other relationships involving the administration of property by fiduciaries.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Section 1 - Divisions; Definitions; Courts of Record
Section 2 - Superior Jurisdiction; Presumption
Section 3 - Courts and Their Jurisdictions; General Provisions
Section 5 - Courts and Their Jurisdictions; French Spoliation Awards
Section 6 - Courts and Their Jurisdictions; Equity Jurisdiction
Section 6a - Courts and Their Jurisdictions; Attachment by Injunction
Section 7 - Attachment of Jurisdiction; Control of Case
Section 8a - Courts and Their Jurisdictions; Change of Venue
Section 9 - Persons Entitled to Appeal
Section 9a - Fiduciaries; Acts During Appeal Period
Section 10 - Appellate Procedure
Section 11 - Appeals; Report of Facts
Section 13 - Reservation and Report of Case to Appeals Court
Section 14 - Interlocutory Judgments and Decrees; Revision on Appeal From Final Judgments or Decrees
Section 17 - Appeals; Insolvent Estates
Section 18 - Appeals; Stenographers; Appointment
Section 19 - Consolidation of Appeals by Appellant
Section 20 - Consolidation of Appeals by Court
Section 22 - Effect of Appeal; Interlocutory Orders
Section 23 - Effect of Appeal; Equity Cases
Section 24 - Effect of Appeal; Separate Support and Custody Cases
Section 25 - Removal of Fiduciary; Effect of Appeal
Section 26 - Appeals; Decree; Force and Effect
Section 27 - Pending Appeals; Modification of Decrees
Section 28 - Appeals; Reversal or Affirmance
Section 30 - Rules and Forms; Power of Judges to Make
Section 31 - Notice of Hearing; Rule Making Power of Courts
Section 32 - Transaction of Business Out of Court
Section 33 - Notice; Ex Parte Matters
Section 34b - Review of Contempt Order Prior to Order of Confinement
Section 35 - Warrants and Commissions; Revocation
Section 36 - Judgments, Decrees and Orders; Necessity of Writing; Notices; Recording
Section 37 - Docket and Index; Manner of Keeping; Public Inspection
Section 39 - Administration of Estates; Compensation for Services; Power to Determine and Enforce
Section 39a - Attorneys' Fees; Power of Court to Determine
Section 39b - Attorneys' Fees; Allowance
Section 40 - Resignation or Removal of Fiduciary; Power to Compel Surrender of Property
Section 41 - Temporary Investments
Section 41a - Distribution of Limited Funds of Estates to Parents of Minors
Section 44 - Concealed Property; Examination of Suspects Under Oath
Section 46 - Summons or Citation; Service by Registered Mail
Section 49 - Notices; Selection of Newspapers
Section 50 - Receipts and Releases of Fiduciaries; Recording; Fees
Section 52 - Original Will; Taking From Registry
Section 53 - Court Room and Room for Records; Duty to Provide
Section 54 - Rooms for Records; Additional Space
Section 55 - Preservation of Dockets and Indexes
Section 56 - Recording of Proceedings in Suffolk; Expense
Section 57 - Sessions of the Courts; Contempt Powers of Judge, Etc.
Section 58 - Sessions of the Courts; Open Times
Section 59 - Sessions of the Courts; Adjournment
Section 60 - Sessions of the Courts; Holidays and Election Days