Massachusetts General Laws
Chapter 262 - Fees of Certain Officers
Section 40 - Registers of Probate and Family Court; Enumeration of Fees

Section 40. The fees of the registers of the probate and family court, shall be as follows:
for the filing of an amended or substituted account, for a petition for the allowance of an account, $75;
for the filing of an account, including a common trust fund account, if the gross value accounted for in Schedule A of the account is $1,000 or less, no fee; if the gross value is more than $1,000 but not more than $10,000, $75; provided, however, that the fees shall not exceed $170 regardless of the time covered by the account; if the gross value is $10,000 or more but not more than $100,000, $100 for each year or fraction thereof covered by the account; if the gross value is more than $100,000 but not more than $500,000, $150 for each year or fraction thereof covered by the account; if the gross value is more than $500,000 but not more than $1,000,000, $200 for each year or fraction thereof covered by the account; if the gross value is more than $1,000,000 but not more than $2,000,000, $400 for each year or fraction thereof covered by the account; if the gross value is more than $2,000,000 but not more than $5,000,000, $750 for each year or fraction thereof covered by the account; if the gross value is more than $5,000,000 but not more than $7,500,000, $1500 for each year or fraction thereof covered by the account; if the gross value is more than $7,500,000 but not more than $10,000,000, $2500 for each year or fraction thereof covered by the account; if the gross value is more than $10,000,000, $3500 for each year or fraction thereof covered by the account;
for the filing of a subsequent bond, demand for sureties, for the filing of a petition for new bond, discharge of surety, modification of bond, reduction of bond, $75;
for the filing of a motion for change of name, in divorce actions during nisi period, $100;
for the filing of a petition for change of name, $150;
for the filing of a foreign conservator sworn statement, $75;
for the removal of a fiduciary, $100;
for the filing of a petition to expand, modify or limit the powers of a conservator, $150;
for the filing of a petition for the appointment of a conservator or for single transaction, $240;
for the issuance of a contempt summons, $5;
for the entry of an action seeking the post-judgment removal of a child from the commonwealth, $50;
for the filing of a complaint for alimony, enforcement of foreign alimony decree, separate support, $100;
for the filing of an action to convey land as if sole, $150;
for marriage of a minor and marriage without delay, $180;
for the filing of a complaint for affirmation of marriage, annulment, divorce, $200;
for the filing of an action for modification relative to child support, custody and visitation, except for those actions filed by the IV–D agency for which there is no filing fee, $50;
for the filing of a complaint to establish paternity or for custody-support-visitation, except for those actions filed by the IV–D agency for which there is no filing fee, $100;
for the filing of a complaint to modify a foreign custody or support decree pursuant to section 29 of chapter 208, except for those complaints filed by the IV–D agency for which there is no filing fee, $100;
for the filing of an action for the modification of a judgment relative to all non-child related issues, $150;
for the issuance of an injunction or temporary restraining order, $100;
for the filing of a complaint in equity related to separate support or the custody or support of minors, $100;
for the filing of a complaint in equity, except such as relates to separate support or the custody or support of minors, $240;
for the filing of a petition to partition, to terminate a trust, for specific performance, for filing a complaint to correct birth record, to restrain a personal representative, to terminate a trust, $240;
for the issuance of a subsequent letter, $25;
for care of a burial lot, erection of monument, $60;
for the filing of a petition to render an inventory or account, petition for approval of a compromise, determination of value, order of complete settlement, for the filing of a closing statement, foreign personal representative sworn statement, small estate closing statement, $75;
for the filing of a will for safekeeping, $75; provided, however, that no additional fee shall be charged for filing a will in substitution of a will previously filed and withdrawn;
for the filing of a petition for public administration, for formal removal of personal representative, for statement of voluntary administration, $100;
for the filing of a petition for counsel fees, to vacate a formal order, for a general probate petition, for a general petition, except such as relates to custody or support of minors, for a representation of insolvency, $150;
for the filing of a petition to appoint a receiver of the estate of an absentee, for leave to deposit certain funds, $200;
for the filing of a declaration of common trust fund, $400;
for the filing of a petition to appoint a special personal representative, to appoint a trustee, for a general trust petition, for a formal probate of will, adjudication of intestacy and appointment of personal representative, for formal appointment of successor personal representative, for supervised administration, for an informal probate of will and/or appointment of personal representative, for informal appointment of successor personal representative, $375;
for the filing of a petition for leave to lease real estate, for leave to mortgage real estate, $75;
for the filing of a petition or application for sale of real or personal estate by any fiduciary if the gross value accounted for is $100,000 or less, $100; if the gross value is more than $100,000 but not more than $250,000, $250; if the gross value is more than $250,000 but not more than $500,000, $500; if the gross value is more than $500,000 but not more than $1,000,000, $750; if the gross value is more than $1,000,000, $1000; and
for the amendment of record except such as relates to separate support, adoption or the custody or support of minors, $60;
Notwithstanding the provisions of this section, no fee shall be charged for the issuance of a temporary restraining order against a spouse related to a complaint for divorce or separate support, for the filing of a complaint for support of spouse or child pursuant to section 32F of chapter 209, for the filing of a complaint for abuse protection, for the filing of a petition for disabled abuse, elderly abuse, dispense with consent to adoption, the appointment of a guardian, the resignation or termination of a guardian or conservator, the resignation of any fiduciary, to expand, modify or limit the powers of a guardian, grandparent visitation, payment of deposits, for leave to bring suit on a bond or for registration of foreign custody decree. No fee under this section shall be charged to the commonwealth or a state agency; provided, however, that if an action initiated by the commonwealth or a state agency results in the appointment of a fiduciary with control over the assets of an estate, any such fees normally chargeable to an estate shall be deferred until the fiduciary is duly appointed and authorized to expend the assets of the estate.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title VI - Costs and Fees

Chapter 262 - Fees of Certain Officers

Section 2 - Fees of Clerks of District and Boston Municipal Court Departments in Civil Actions

Section 3 - Special Justices

Section 3a - Child Support Collection Services; Fee

Section 4 - Fees of Clerks of Supreme Judicial, County and Appeals Courts

Section 4a - Clerks of Superior Court Department

Section 4b - Uniform Schedule of Fees

Section 4c - Surcharge on Filing Fees

Section 5 - Copies Provided by Clerks

Section 6 - Record of Judgment; Additional Fees

Section 7 - Manner of Collection

Section 8 - Sheriffs, Deputy Sheriffs and Constables; Enumeration of Fees

Section 8a - Annual Accounts of Deputy Sheriffs and Constables

Section 9 - Process; Service; Return by Mail

Section 10 - Conveyance; Necessity of Certificate

Section 11 - Leaving Copy of Writ

Section 12 - Deputy Sheriff; Attendance Upon Meetings of County Commissioners

Section 13 - Precepts for Elections; Subpoenas of General Court; Service

Section 14 - Arrest on Mesne Process and Supplementary Proceedings

Section 15 - Copies of Process

Section 16 - Service of Process Issued by Land Court

Section 17 - Execution of Ejectment; Service

Section 18 - Officers; Duty to Specify Items of Fees

Section 19 - Endorsement of Fees; Certificate of Use of Conveyance; Penalty

Section 20 - Search for Person Named in Process

Section 21 - Criminal Cases; Allowance of Expenses

Section 22 - Attendance Upon Certain Courts

Section 23 - Examination of Sureties; Approval of Bonds

Section 24 - Bail Fees; Persons Authorized to Take Bail; Restrictions

Section 25 - Compensation of Jurors

Section 26 - Inquests; Service of Process

Section 27 - Juvenile Offenders; Officer as a Witness

Section 29 - Witness Fees

Section 30 - Witness Held in Jail

Section 31 - Appraisers; Compensation

Section 32 - Interpreters and Nonresident Witnesses

Section 33 - Witnesses in Delinquency Cases

Section 34 - Town Clerks; Enumeration of Fees

Section 35 - Marriages

Section 36 - Certification

Section 37 - Records or Papers; Examination

Section 38 - Registers of Deeds' Enumeration of Fees

Section 39 - Land Court; Numeration of Fees

Section 40 - Registers of Probate and Family Court; Enumeration of Fees

Section 40a - Child Support Collection Services; Fee

Section 41 - Notaries Public; Enumeration of Fees

Section 42 - Commissioners in Other States; Enumeration of Fees

Section 43 - Construction

Section 44 - Copies

Section 44a - Certified Copies of Vital Records; Exemption

Section 45 - Page Defined

Section 46 - List of Fees; Manner of Posting

Section 46a - Copies of Records Concerning Veterans; Furnishings Without Charge

Section 47 - Criminal Cases; Return of Expense Under Oath

Section 48 - Criminal Cases; Service of Several Processes on Single Defendant; Allowance of Fees

Section 49 - Mittimus; Fees for Issuance or Service; Limitations

Section 50 - Salaried Officers; Limitation on Acceptance of Fees; Penalty

Section 51 - Criminal Cases; Additional Fees and Expenses

Section 53 - Attendance of Police Officers on Vacation, Furlough or Day Off as Witnesses; Criminal or Juvenile Cases

Section 53a - Police Officers as Witnesses Outside Place of Residence; Criminal, Juvenile or Superior Courts

Section 53b - Witness Fees of Uniformed Members of Department of State Police

Section 53c - Compensatory Time Off to Police Officers

Section 55 - Railroad Police

Section 56 - Witness Fees of Public Officers; Disallowance

Section 57 - Public Officers as Witnesses; Allowance of Expenses

Section 58 - Penalty

Section 59 - Witness in Multiple Criminal Cases; Apportionment of Fees

Section 60 - Witnesses' Fees; Refusal in Certain Cases

Section 61 - Witness Certificates; Purchase of Orders, etc., by Officers Prohibited

Section 62 - False Certificates of Witnesses; Penalty

Section 63 - Delinquent Magistrate; Refusal of Fees

Section 64 - Complainant; Refusal of Fees