Section 1. The probate and family court department established under section one of chapter two hundred and eleven B shall consist of divisions, one for each county, and wherever the words ”probate court”, ”court of insolvency” or ”probate and insolvency court” are used, or similar words importing the same, or wherever in this chapter the […]
Section 10. The procedure upon an appeal from an order, decree or denial of a probate court shall be in accordance with the Massachusetts Rules of Appellate Procedure.
Section 11. In cases not governed by the Massachusetts Rules of Civil Procedure or comparable rules for domestic relations matters, the judge by whom an order, judgment, decree or denial was made shall report the material facts found by him, on request of any party entitled to appeal therefrom made within ten days after such […]
Section 13. A judge of the probate court by whom a case or matter is heard for final determination may reserve and report the evidence and all questions of law therein for consideration of the appeals court, and thereupon like proceedings shall be had as upon appeal. And if, upon making an interlocutory judgment, decree […]
Section 14. Interlocutory judgments and decrees not appealed from shall be open to revision upon appeals from final judgments and decrees so far only as it appears to the appeals court or supreme judicial court that such final judgments and decrees are erroneously affected thereby.
Section 17. In the case of an estate of a deceased person represented insolvent, if the court, instead of appointing commissioners to receive and examine the claims of creditors against the estate, receives and examines such claims itself, the provisions of this chapter, so far as applicable, shall govern the proceedings for proof of the […]
Section 18. At the trial of any issue of fact in a probate court the presiding judge may appoint a stenographer, who shall be sworn and shall attend the trial, or such part thereof as the judge may direct, and perform like duties and receive the same compensation therefor as a stenographer appointed by the […]
Section 19. An appellant from decrees of a probate court settling different accounts of an executor, administrator, guardian, conservator, trustee or receiver may unite his appeals in one notice of appeal, and they shall thereupon be entered as one appeal in the supreme judicial court; and an appeal taken by another appellant from any of […]
Section 2. Probate courts shall be courts of superior and general jurisdiction with reference to all cases and matters in which they have jurisdiction, and no order, judgment, decree, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudication or circumstances with greater particularity than would be required in […]
Section 20. The supreme judicial court may at any time, upon terms, consolidate any separate appeals from a probate court pending therein, and may thereafter deal with such consolidated appeals together or otherwise, as justice requires.
Section 22. After an appeal has been claimed and filed in the registry of probate, all proceedings in pursuance of the act appealed from shall, except as otherwise expressly provided, be stayed until the determination thereof by the supreme judicial court or appeals court; but if, upon such appeal, such act is affirmed, it shall […]
Section 23. An appeal from a final or interlocutory order or decree in equity of a probate court made in the exercise of any jurisdiction in equity shall not suspend or stay proceedings under such order or decree pending the appeal. But the probate court or a justice of the supreme judicial court, in case […]
Section 24. The preceding section shall apply to orders or judgments of probate courts in proceedings under chapter two hundred and eight, and under sections thirty-two and thirty-seven of chapter two hundred and nine, except that, as provided in the Massachusetts Rules of Domestic Relations Procedure, the filing of an appeal shall stay the running […]
Section 25. A decree of a probate court removing an executor, administrator, guardian, conservator, trustee or receiver shall have effect, notwithstanding an appeal therefrom, until otherwise ordered by a justice of the supreme judicial court. The probate court may in such case appoint a successor to the person removed, and the latter shall forthwith deliver […]
Section 26. A decree of a probate court made under the preceding section shall have effect, notwithstanding an appeal therefrom, until otherwise finally determined by the supreme judicial court.
Section 27. After an appeal is claimed from an order or decree referred to in the two preceding sections, and before such appeal has been finally determined, a justice of the supreme judicial court may suspend or modify such order or decree during the pendency of such appeal.
Section 28. The supreme judicial court or appeals court may, upon appeal, reverse or affirm, in whole or in part, any judgment, decree or order of the probate court, and may enter such judgment or decree thereon as the probate court should have entered, may remand the case for further proceedings, or make any order […]
Section 3. Probate courts shall have jurisdiction of probate of wills, of granting administration on the estates of persons who at the time of their decease were inhabitants of or residents in their respective counties and of persons who die out of the commonwealth leaving estate to be administered within their respective counties; of the […]
Section 30. The judges of the probate courts or a majority of them shall from time to time make rules for regulating the practice and for conducting the business in their courts in all cases not expressly provided for by law and shall prescribe forms, and, as soon as convenient after making or prescribing them, […]
Section 31. The supreme judicial court and the probate courts shall make rules requiring notice of any hearing, motion or other proceeding before said courts to be given to parties interested or to the attorneys of record therefor.
