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
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Chapter 262 - Fees of Certain Officers
Section 2 - Fees of Clerks of District and Boston Municipal Court Departments in Civil Actions
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 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 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 44a - Certified Copies of Vital Records; Exemption
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 53b - Witness Fees of Uniformed Members of Department of State Police
Section 53c - Compensatory Time Off to Police Officers
Section 56 - Witness Fees of Public Officers; Disallowance
Section 57 - Public Officers as Witnesses; Allowance of Expenses
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