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HOUSE DOCKET, NO. 2320 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1673
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul J. Donato
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the efficient management and operation of the registries of probate.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul J. Donato35th Middlesex1/16/2025Susannah M. Whipps2nd Franklin2/3/2025Natalie M. Blais1st Franklin2/3/2025Angelo J. Puppolo, Jr.12th Hampden2/3/2025Dennis C. Gallagher8th Plymouth2/3/2025Patrick Joseph Kearney4th Plymouth2/3/2025David T. Vieira3rd Barnstable3/6/2025Bud L. Williams11th Hampden3/6/2025Joan Meschino3rd Plymouth3/6/2025Steven George Xiarhos5th Barnstable3/6/2025Michelle L. Badger1st Plymouth3/6/2025Christopher M. Markey9th Bristol3/6/2025Steven S. Howitt4th Bristol3/6/2025Carole A. Fiola6th Bristol3/6/2025Lindsay N. Sabadosa1st Hampshire3/6/2025Mindy Domb3rd Hampshire3/6/2025 1 of 14
HOUSE DOCKET, NO. 2320 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1673
By Representative Donato of Medford, a petition (accompanied by bill, House, No. 1673) of
Paul J. Donato and others relative to the operation of the registries of probate. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the efficient management and operation of the registries of probate.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 2 of chapter 217 of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by inserting, in line 14, after the word “including” the
3following words:- the selection, appointment, and management of.
4 SECTION 2. Chapter 217 of the General Laws, as appearing in the 2018 Official
5Edition, is hereby amended by striking out section 23 in its entirety and inserting in place thereof
6the following:-
7 Section 23. The register of the respective courts of the probate and family court
8department may, with the approval of the chief justice of the probate and family court, appoint
9for a term of 3 years and may, with the approval of the chief justice, remove a first assistant
10register of probate. Before entering upon the performance of his duties, a first assistant register
11shall take the oath prescribed by the constitution. The appointments shall be as follows:
12 Barnstable, 1 first assistant register 2 of 14
13 Berkshire, 1 first assistant register
14 Bristol, 1 first assistant register
15 Essex, 1 first assistant register
16 Franklin, 1 first assistant register
17 Hampden, 1 first assistant register
18 Hampshire, 1 first assistant register
19 Middlesex, 1 first assistant register
20 Norfolk, 1 first assistant register
21 Plymouth, 1 first assistant register
22 Suffolk, 1 first assistant register
23 Worcester, 1 first assistant register.
24 SECTION 3. Chapter 217 of the General Laws, as appearing in the 2018 Official
25Edition, is hereby amended by striking out section 23A in its entirety and inserting in place
26thereof the following:-
27 Section 23A. In addition to the first assistant registers of probate provided for in section
2823, the registers of the respective courts of the probate and family court department for the
29following counties may, with the approval of the chief justice of the probate and family court,
30appoint for terms of 3 years and may, with the approval of the chief justice, remove assistant
31registers with the same powers and duties. The appointments shall be as follows: 3 of 14
32 Barnstable, 2 assistant registers
33 Berkshire, 1 assistant register
34 Bristol, 2 assistant registers
35 Essex, 3 assistant registers
36 Franklin, 1 assistant register
37 Hampden, 2 assistant registers
38 Hampshire, 1 assistant register
39 Middlesex, 4 assistant registers
40 Norfolk, 2 assistant registers
41 Plymouth, 2 assistant registers
42 Suffolk, 2 assistant registers
43 Worcester, 2 assistant registers.
44 SECTION 4. Chapter 217 of the General Laws, as appearing in the 2018 Official
45Edition, is hereby amended by striking out section 23B in its entirety and inserting in place
46thereof the following:-
47 Section 23B. The positions of administrative deputy assistant registers are hereby
48eliminated. Notwithstanding the elimination of these positions or any other general or special law
49to the contrary, a person employed as an administrative deputy assistant register of probate
50pursuant to this section as of the effective date of this act shall continue to be employed as an 4 of 14
51administrative deputy assistant register of probate and shall continue to serve in that capacity at
52the pleasure of the register of probate for that county. The position of administrative deputy
53assistant shall continue to meet the definitions of both confidential and managerial employees as
54those terms appear in chapter 150E and any individuals continuing to be employed in that
55capacity shall perform no official judicial duties.
56 SECTION 5. Chapter 217 of the General Laws, as appearing in the 2018 Official
57Edition, is hereby amended by striking out section 23D in its entirety and inserting in place
58thereof the following:-
59 Section 23D. In addition to the judicial case managers of the probate and family court
60provided for in section 23C, the first justices of the respective courts of the probate and family
61court department for the following counties may, with the approval of the chief justice of the
62probate and family court, appoint and may, with the approval of the chief justice, remove
63assistant judicial case managers with the same powers and duties. The appointments shall be as
64follows:
65 Barnstable, 2 assistant judicial case managers
66 Berkshire, 1 assistant judicial case manager
67 Bristol, 5 assistant judicial case managers
68 Essex, 6 assistant judicial case managers
69 Franklin, 1 assistant judicial case manager
70 Hampden, 5 assistant judicial case managers 5 of 14
71 Hampshire, 1 assistant judicial case manager
72 Middlesex, 8 assistant judicial case managers
73 Norfolk, 5 assistant judicial case managers
74 Plymouth, 5 assistant judicial case managers
75 Suffolk, 5 assistant judicial case managers
76 Worcester, 6 assistant judicial case managers.
77 SECTION 6. Section 27A of chapter 217 of the General Laws, as appearing in the 2018
78Official Edition, is hereby amended by striking out, in line 4, the words “as such assistant”.
79 SECTION 7. Chapter 217 of the General Laws, as appearing in the 2018 Official
80Edition, is hereby amended by striking out section 28 in its entirety and inserting in place thereof
81the following:-
82 Section 28. The first justice of the Suffolk county court may, subject to the approval of
83the chief justice of the probate and family court, appoint a clerk who may administer the oaths
84required in probate proceedings that are not prescribed by law to be administered by the judge or
85register and shall perform such clerical and other duties as may be required by the first justice.
86The clerk may be removed by the first justice, with the approval of the chief justice. The Suffolk
87county register of probate may, with the approval of the chief justice, designate 6 employees as
88deputy assistant registers with the same powers as assistant registers and may revoke such
89designation with the approval of the chief justice. Four of the deputy assistant registers shall
90receive as additional compensation an amount equal to 10 per cent of the annual salary of the
91Suffolk county register of probate. Two of the deputy assistant registers shall receive as 6 of 14
92additional compensation an amount equal to 5 per cent of the annual salary of the Suffolk county
93register of probate. Notwithstanding the above, any person designated as a deputy assistant
94register of probate pursuant to this section as of the effective date of this act shall continue to
95serve in that capacity, as previously provided by this section prior to its amendment and shall
96continue to receive 15 per cent of the annual salary of the Suffolk county register of probate until
97they are no longer so designated, as previously provided by this section prior to its amendment.
98The positions of associate deputy registers, previously provided for, are hereby eliminated.
99Notwithstanding the elimination of these positions or any other general or special law to the
100contrary, a person designated as an associate deputy register of probate pursuant to this section as
101of the effective date of this act shall continue to serve in that capacity and receive the additional
102compensation of 7.5 per cent of the annual salary of the Suffolk county register of probate, as
103previously provided by this section prior to its amendment, until they are no longer so
104designated.
105 SECTION 8. Chapter 217 of the General Laws, as appearing in the 2018 Official
106Edition, is hereby amended by striking out section 29 in its entirety and inserting in place thereof
107the following:-
108 Section 29. The first justice of the Middlesex county court may, with the approval of the
109chief justice of the probate and family court, appoint a clerk who may administer the oaths
110required in probate proceedings that are not prescribed by law to be administered by the judge or
111register and shall perform such clerical and other duties as may be required by the first justice.
112The clerk may be removed by the first justice with the approval of the chief justice. The
113Middlesex county register of probate may, with the approval of the chief justice, designate 9
114employees as deputy assistant registers with the same powers as assistant registers and with the 7 of 14
115approval of the chief justice remove a deputy assistant register. Six of the deputy assistant
116registers shall receive additional compensation in an amount equal to 10 per cent of the annual
117salary of the Middlesex county register of probate. Three of the deputy assistant registers shall
118receive as additional compensation an amount equal to 5 per cent of the annual salary of the
119Middlesex county register of probate. Notwithstanding the above, any person designated as a
120deputy assistant register of probate pursuant to this section as of the effective date of this act
121shall continue to be serve in that capacity, as previously provided by this section prior to its
122amendment and shall continue to receive 15 per cent of the annual salary of the Middlesex
123county register of probate until they are no longer so designated, as previously provided by this
124section prior to its amendment.
125 SECTION 9. Chapter 217 of the General Laws, as appearing in the 2018 Official
126Edition, is hereby amended by striking out section 29A in its entirety and inserting in place
127thereof the following:-
128 Section 29A. The first justice of the Dukes county court may, with the approval of the
129chief justice of the probate and family court, appoint a clerk who may administer the oaths
130required in probate proceedings that are not prescribed by law to be administered by the judge or
131register and shall perform such clerical and other duties as may be required by the first justice,
132with the approval of the chief justice. The clerk may be removed by the first justice with the
133approval of the chief justice. The Dukes county register of probate may, with the approval of the
134chief justice, designate 2 employees as deputy assistant registers with the same powers as
135assistant registers and with the approval of the chief justice remove a deputy assistant register.
136One deputy assistant register shall receive additional compensation in an amount equal to 10 per
137cent of the annual salary of the Dukes county register of probate. One deputy assistant register 8 of 14
138shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the
139Dukes county register of probate. Notwithstanding the above, any person designated as a deputy
140assistant register of probate pursuant to this section as of the effective date of this act shall
141continue to be serve in that capacity, as previously provided by this section prior to its
142amendment and shall continue to receive 15 per cent of the annual salary of the Dukes county
143register of probate until they are no longer so designated, as previously provided by this section
144prior to its amendment.
145 SECTION 10. Chapter 217 of the General Laws, as appearing in the 2018 Official
146Edition, is hereby amended by striking out section 29B in its entirety and inserting in place
147thereof the following:-
148 Section 29B. The first justice for the Nantucket county court may, with the approval of
149the chief justice of the probate and family court, appoint a clerk who may administer the oaths
150required in probate proceedings that are not prescribed by law to be administered by the judge or
151register, and shall perform such clerical and other duties as may be required by the first justice,
152with the approval of the chief justice. The clerk may be removed by the first justice with the
153approval of the chief justice. The Nantucket county register of probate may, with the approval of
154the chief justice, designate 2 employees as deputy assistant registers with the same powers as
155assistant registers and with the approval of the chief justice remove a deputy assistant register.
156One deputy assistant register shall receive additional compensation in an amount equal to 10 per
157cent of the annual salary of the Nantucket county register of probate. One deputy assistant
158register shall receive additional compensation in an amount equal to 5 per cent of the annual
159salary of the Nantucket county register of probate. 9 of 14
160 SECTION 11. Chapter 217 of the General Laws, as appearing in the 2018 Official
161Edition, is hereby amended by striking out section 29C in its entirety and inserting in place
162thereof the following:-
163 Section 29C. The register of the Barnstable probate court may, with the approval of the
164chief justice of the probate and family court, designate 5 employees as deputy assistant registers
165with the same powers as assistant registers and with the approval of the chief justice remove a
166deputy assistant register. Three deputy assistant registers shall receive additional compensation
167in an amount equal to 10 per cent of the annual salary of the Barnstable county register of
168probate. Two deputy assistant registers shall receive additional compensation in an amount
169equal to 5 per cent of the annual salary of the Barnstable county register of probate.
170 SECTION 12. Chapter 217 of the General Laws, as appearing in the 2018 Official
171Edition, is hereby amended by striking out section 29D in its entirety and inserting in place
172thereof the following:-
173 Section 29D. The register of the Berkshire probate court may, with the approval of the
174chief justice of the probate and family court, designate 3 employees as deputy assistant registers
175with the same powers as assistant register and with the approval of the chief justice remove a
176deputy assistant register. Two deputy assistant registers shall receive additional compensation in
177an amount equal to 10 per cent of the annual salary of the Berkshire county register of probate.
178One deputy assistant register shall receive additional compensation in an amount equal to 5 per
179cent of the annual salary of the Berkshire county register of probate. 10 of 14
180 SECTION 13. Chapter 217 of the General Laws, as appearing in the 2018 Official
181Edition, is hereby amended by striking out section 29E in its entirety and inserting in place
182thereof the following:-
183 Section 29E. The register of the Hampden probate court may, with the approval of the
184chief justice of the probate and family court, designate 6 employees as deputy assistant registers
185with the same powers as assistant registers and with the approval of the chief justice remove a
186deputy assistant register. Four deputy assistant registers shall receive additional compensation in
187an amount equal to 10 per cent of the annual salary of the Hampden county register of probate.
188Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per
189cent of the annual salary of the Hampden county register of probate. Notwithstanding the above,
190any person designated as a deputy assistant register of probate pursuant to this section as of the
191effective date of this act shall continue to serve in that capacity and shall receive additional
192compensation in an amount equal to 10 per cent of the annual salary of the Hampden county
193register of probate.
194 SECTION 14. Chapter 217 of the General Laws, as appearing in the 2018 Official
195Edition, is hereby amended by striking out section 29F in its entirety and inserting in place
196thereof the following:-
197 Section 29F. The register of the Worcester probate and family court may, with the
198approval of the chief justice of the probate and family court, designate 6 employees as deputy
199assistant registers with the same powers as assistant registers and with the approval of the chief
200justice remove a deputy assistant register. Four deputy assistant registers shall receive additional
201compensation in an amount equal to 10 per cent of the annual salary of the Worcester county 11 of 14
202register of probate. Two deputy assistant registers shall receive additional compensation in an
203amount equal to 5 per cent of the annual salary of the Worcester county register of probate.
204Notwithstanding the above, any person designated as a deputy assistant register of probate
205pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
206as previously provided by this section prior to its amendment and shall continue to receive 15 per
207cent of the annual salary of the Worcester county register of probate.
208 SECTION 15. Chapter 217 of the General Laws, as appearing in the 2018 Official
209Edition, is hereby amended by striking out section 29G in its entirety and inserting in place
210thereof the following:-
211 Section 29G. The register of the Bristol probate and family court may, with the approval
212of the chief justice of the probate and family court, designate 6 employees as deputy assistant
213registers with the same powers as assistant registers and with the approval of the chief justice
214remove a deputy assistant register. Four deputy assistant registers shall receive in addition to
215their salaries as employees, additional compensation in an amount equal to 10 per cent of the
216annual salary of the Bristol county register of probate. Two deputy assistant registers shall
217receive additional compensation in an amount equal to 5 per cent of the annual salary of the
218Bristol county register of probate.
219 SECTION 16. Chapter 217 of the General Laws, as appearing in the 2018 Official
220Edition, is hereby amended by striking out section 29H in its entirety and inserting in place
221thereof the following:-
222 Section 29H. The register of the Hampshire probate and family court may, with the
223approval of the chief justice of the probate and family court, designate 3 employees as deputy 12 of 14
224assistant registers with the same powers as assistant registers and with the approval of the chief
225justice remove a deputy assistant register. Two deputy assistant registers shall receive additional
226compensation in an amount equal to 10 per cent of the annual salary of the Hampshire county
227register of probate. One deputy assistant register shall receive additional compensation in an
228amount equal to 5 per cent of the annual salary of the Hampshire county register of probate.
229Notwithstanding the above, any person designated as a deputy assistant register of probate
230pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
231as previously provided by this section prior to its amendment and shall continue to receive 15 per
232cent of the annual salary of the Hampshire county register of probate.
233 SECTION 17. Chapter 217 of the General Laws, as appearing in the 2018 Official
234Edition, is hereby amended by striking out section 29I in its entirety and inserting in place
235thereof the following:-
236 Section 29I. The register of the Plymouth probate and family court may, with the
237approval of the chief justice of the probate and family court, designate 6 employees as deputy
238assistant registers with the same powers as assistant registers and with the approval of the chief
239justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition
240to their salaries as employees, additional compensation in an amount equal to 10 per cent of the
241annual salary of the Plymouth county register of probate. Two deputy assistant registers shall
242receive additional compensation in an amount equal to 5 per cent of the annual salary of the
243Plymouth county register of probate. 13 of 14
244 SECTION 18. Chapter 217 of the General Laws, as appearing in the 2018 Official
245Edition, is hereby amended by striking out section 29J in its entirety and inserting in place
246thereof the following:-
247 Section 29J. The register of the Essex probate and family court may, with the approval of
248the chief justice of the probate and family court, designate 6 employees as deputy assistant
249registers with the same powers as an assistant register and with the approval of the chief justice
250remove a deputy assistant register. Four deputy assistant registers shall receive additional
251compensation in an amount equal to 10 per cent of the annual salary of the Essex county register
252of probate. Two deputy assistant register shall receive additional compensation in an amount
253equal to 5 per cent of the annual salary of the Essex county register of probate.
254 SECTION 19. Chapter 217 of the General Laws, as appearing in the 2018 Official
255Edition, is hereby amended by striking out section 29K in its entirety and inserting in place
256thereof the following:-
257 Section 29K. The register of the Franklin probate and family court may, with the
258approval of the chief justice of the probate and family court, designate 3 employees as deputy
259assistant registers with the same powers as an assistant register and with the approval of the chief
260justice remove a deputy assistant register. Two deputy assistant registers shall receive in addition
261to his salary as an employee, additional compensation in an amount equal to 10 per cent of the
262annual salary of the Franklin county register of probate. One deputy assistant register shall
263receive additional compensation in an amount equal to 5 per cent of the annual salary of the
264Franklin county register of probate. 14 of 14
265 SECTION 20. Chapter 217 of the General Laws, as appearing in the 2018 Official
266Edition, is hereby amended by striking out section 29L in its entirety and inserting in place
267thereof the following:-
268 Section 29L. The register of the Norfolk probate and family court may, with the approval
269of the chief justice of the probate and family court, designate 6 employees as deputy assistant
270registers with the same powers as an assistant register and with the approval of the chief justice
271remove a deputy assistant register. Four deputy assistant registers shall receive additional
272compensation in an amount equal to 10 per cent of the annual salary of the Norfolk county
273register of probate. Two deputy assistant register shall receive additional compensation in an
274amount equal to 5 per cent of the annual salary of the Norfolk county register of probate.
275Notwithstanding the above, any person designated as a deputy assistant register of probate
276pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
277as previously provided by this section prior to its amendment and shall continue to receive 15 per
278cent of the annual salary of the Norfolk county register of probate until they are no longer so
279designated, as previously provided by this section prior to its amendment.