Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1673 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2320 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1673
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul J. Donato
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the efficient management and operation of the registries of probate.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2320 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1673
18	18	By Representative Donato of Medford, a petition (accompanied by bill, House, No. 1673) of
19	19	Paul J. Donato and others relative to the operation of the registries of probate. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to the efficient management and operation of the registries of probate.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 2 of chapter 217 of the General Laws, as appearing in the 2018
29	29	2Official Edition, is hereby amended by inserting, in line 14, after the word “including” the
30	30	3following words:- the selection, appointment, and management of.
31	31	4 SECTION 2. Chapter 217 of the General Laws, as appearing in the 2018 Official
32	32	5Edition, is hereby amended by striking out section 23 in its entirety and inserting in place thereof
33	33	6the following:-
34	34	7 Section 23. The register of the respective courts of the probate and family court
35	35	8department may, with the approval of the chief justice of the probate and family court, appoint
36	36	9for a term of 3 years and may, with the approval of the chief justice, remove a first assistant
37	37	10register of probate. Before entering upon the performance of his duties, a first assistant register
38	38	11shall take the oath prescribed by the constitution. The appointments shall be as follows:
39	39	12 Barnstable, 1 first assistant register 2 of 14
40	40	13 Berkshire, 1 first assistant register
41	41	14 Bristol, 1 first assistant register
42	42	15 Essex, 1 first assistant register
43	43	16 Franklin, 1 first assistant register
44	44	17 Hampden, 1 first assistant register
45	45	18 Hampshire, 1 first assistant register
46	46	19 Middlesex, 1 first assistant register
47	47	20 Norfolk, 1 first assistant register
48	48	21 Plymouth, 1 first assistant register
49	49	22 Suffolk, 1 first assistant register
50	50	23 Worcester, 1 first assistant register.
51	51	24 SECTION 3. Chapter 217 of the General Laws, as appearing in the 2018 Official
52	52	25Edition, is hereby amended by striking out section 23A in its entirety and inserting in place
53	53	26thereof the following:-
54	54	27 Section 23A. In addition to the first assistant registers of probate provided for in section
55	55	2823, the registers of the respective courts of the probate and family court department for the
56	56	29following counties may, with the approval of the chief justice of the probate and family court,
57	57	30appoint for terms of 3 years and may, with the approval of the chief justice, remove assistant
58	58	31registers with the same powers and duties. The appointments shall be as follows: 3 of 14
59	59	32 Barnstable, 2 assistant registers
60	60	33 Berkshire, 1 assistant register
61	61	34 Bristol, 2 assistant registers
62	62	35 Essex, 3 assistant registers
63	63	36 Franklin, 1 assistant register
64	64	37 Hampden, 2 assistant registers
65	65	38 Hampshire, 1 assistant register
66	66	39 Middlesex, 4 assistant registers
67	67	40 Norfolk, 2 assistant registers
68	68	41 Plymouth, 2 assistant registers
69	69	42 Suffolk, 2 assistant registers
70	70	43 Worcester, 2 assistant registers.
71	71	44 SECTION 4. Chapter 217 of the General Laws, as appearing in the 2018 Official
72	72	45Edition, is hereby amended by striking out section 23B in its entirety and inserting in place
73	73	46thereof the following:-
74	74	47 Section 23B. The positions of administrative deputy assistant registers are hereby
75	75	48eliminated. Notwithstanding the elimination of these positions or any other general or special law
76	76	49to the contrary, a person employed as an administrative deputy assistant register of probate
77	77	50pursuant to this section as of the effective date of this act shall continue to be employed as an 4 of 14
78	78	51administrative deputy assistant register of probate and shall continue to serve in that capacity at
79	79	52the pleasure of the register of probate for that county. The position of administrative deputy
80	80	53assistant shall continue to meet the definitions of both confidential and managerial employees as
81	81	54those terms appear in chapter 150E and any individuals continuing to be employed in that
82	82	55capacity shall perform no official judicial duties.
83	83	56 SECTION 5. Chapter 217 of the General Laws, as appearing in the 2018 Official
84	84	57Edition, is hereby amended by striking out section 23D in its entirety and inserting in place
85	85	58thereof the following:-
86	86	59 Section 23D. In addition to the judicial case managers of the probate and family court
87	87	60provided for in section 23C, the first justices of the respective courts of the probate and family
88	88	61court department for the following counties may, with the approval of the chief justice of the
89	89	62probate and family court, appoint and may, with the approval of the chief justice, remove
90	90	63assistant judicial case managers with the same powers and duties. The appointments shall be as
91	91	64follows:
92	92	65 Barnstable, 2 assistant judicial case managers
93	93	66 Berkshire, 1 assistant judicial case manager
94	94	67 Bristol, 5 assistant judicial case managers
95	95	68 Essex, 6 assistant judicial case managers
96	96	69 Franklin, 1 assistant judicial case manager
97	97	70 Hampden, 5 assistant judicial case managers 5 of 14
98	98	71 Hampshire, 1 assistant judicial case manager
99	99	72 Middlesex, 8 assistant judicial case managers
100	100	73 Norfolk, 5 assistant judicial case managers
101	101	74 Plymouth, 5 assistant judicial case managers
102	102	75 Suffolk, 5 assistant judicial case managers
103	103	76 Worcester, 6 assistant judicial case managers.
104	104	77 SECTION 6. Section 27A of chapter 217 of the General Laws, as appearing in the 2018
105	105	78Official Edition, is hereby amended by striking out, in line 4, the words “as such assistant”.
106	106	79 SECTION 7. Chapter 217 of the General Laws, as appearing in the 2018 Official
107	107	80Edition, is hereby amended by striking out section 28 in its entirety and inserting in place thereof
108	108	81the following:-
109	109	82 Section 28. The first justice of the Suffolk county court may, subject to the approval of
110	110	83the chief justice of the probate and family court, appoint a clerk who may administer the oaths
111	111	84required in probate proceedings that are not prescribed by law to be administered by the judge or
112	112	85register and shall perform such clerical and other duties as may be required by the first justice.
113	113	86The clerk may be removed by the first justice, with the approval of the chief justice. The Suffolk
114	114	87county register of probate may, with the approval of the chief justice, designate 6 employees as
115	115	88deputy assistant registers with the same powers as assistant registers and may revoke such
116	116	89designation with the approval of the chief justice. Four of the deputy assistant registers shall
117	117	90receive as additional compensation an amount equal to 10 per cent of the annual salary of the
118	118	91Suffolk county register of probate. Two of the deputy assistant registers shall receive as 6 of 14
119	119	92additional compensation an amount equal to 5 per cent of the annual salary of the Suffolk county
120	120	93register of probate. Notwithstanding the above, any person designated as a deputy assistant
121	121	94register of probate pursuant to this section as of the effective date of this act shall continue to
122	122	95serve in that capacity, as previously provided by this section prior to its amendment and shall
123	123	96continue to receive 15 per cent of the annual salary of the Suffolk county register of probate until
124	124	97they are no longer so designated, as previously provided by this section prior to its amendment.
125	125	98The positions of associate deputy registers, previously provided for, are hereby eliminated.
126	126	99Notwithstanding the elimination of these positions or any other general or special law to the
127	127	100contrary, a person designated as an associate deputy register of probate pursuant to this section as
128	128	101of the effective date of this act shall continue to serve in that capacity and receive the additional
129	129	102compensation of 7.5 per cent of the annual salary of the Suffolk county register of probate, as
130	130	103previously provided by this section prior to its amendment, until they are no longer so
131	131	104designated.
132	132	105 SECTION 8. Chapter 217 of the General Laws, as appearing in the 2018 Official
133	133	106Edition, is hereby amended by striking out section 29 in its entirety and inserting in place thereof
134	134	107the following:-
135	135	108 Section 29. The first justice of the Middlesex county court may, with the approval of the
136	136	109chief justice of the probate and family court, appoint a clerk who may administer the oaths
137	137	110required in probate proceedings that are not prescribed by law to be administered by the judge or
138	138	111register and shall perform such clerical and other duties as may be required by the first justice.
139	139	112The clerk may be removed by the first justice with the approval of the chief justice. The
140	140	113Middlesex county register of probate may, with the approval of the chief justice, designate 9
141	141	114employees as deputy assistant registers with the same powers as assistant registers and with the 7 of 14
142	142	115approval of the chief justice remove a deputy assistant register. Six of the deputy assistant
143	143	116registers shall receive additional compensation in an amount equal to 10 per cent of the annual
144	144	117salary of the Middlesex county register of probate. Three of the deputy assistant registers shall
145	145	118receive as additional compensation an amount equal to 5 per cent of the annual salary of the
146	146	119Middlesex county register of probate. Notwithstanding the above, any person designated as a
147	147	120deputy assistant register of probate pursuant to this section as of the effective date of this act
148	148	121shall continue to be serve in that capacity, as previously provided by this section prior to its
149	149	122amendment and shall continue to receive 15 per cent of the annual salary of the Middlesex
150	150	123county register of probate until they are no longer so designated, as previously provided by this
151	151	124section prior to its amendment.
152	152	125 SECTION 9. Chapter 217 of the General Laws, as appearing in the 2018 Official
153	153	126Edition, is hereby amended by striking out section 29A in its entirety and inserting in place
154	154	127thereof the following:-
155	155	128 Section 29A. The first justice of the Dukes county court may, with the approval of the
156	156	129chief justice of the probate and family court, appoint a clerk who may administer the oaths
157	157	130required in probate proceedings that are not prescribed by law to be administered by the judge or
158	158	131register and shall perform such clerical and other duties as may be required by the first justice,
159	159	132with the approval of the chief justice. The clerk may be removed by the first justice with the
160	160	133approval of the chief justice. The Dukes county register of probate may, with the approval of the
161	161	134chief justice, designate 2 employees as deputy assistant registers with the same powers as
162	162	135assistant registers and with the approval of the chief justice remove a deputy assistant register.
163	163	136One deputy assistant register shall receive additional compensation in an amount equal to 10 per
164	164	137cent of the annual salary of the Dukes county register of probate. One deputy assistant register 8 of 14
165	165	138shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the
166	166	139Dukes county register of probate. Notwithstanding the above, any person designated as a deputy
167	167	140assistant register of probate pursuant to this section as of the effective date of this act shall
168	168	141continue to be serve in that capacity, as previously provided by this section prior to its
169	169	142amendment and shall continue to receive 15 per cent of the annual salary of the Dukes county
170	170	143register of probate until they are no longer so designated, as previously provided by this section
171	171	144prior to its amendment.
172	172	145 SECTION 10. Chapter 217 of the General Laws, as appearing in the 2018 Official
173	173	146Edition, is hereby amended by striking out section 29B in its entirety and inserting in place
174	174	147thereof the following:-
175	175	148 Section 29B. The first justice for the Nantucket county court may, with the approval of
176	176	149the chief justice of the probate and family court, appoint a clerk who may administer the oaths
177	177	150required in probate proceedings that are not prescribed by law to be administered by the judge or
178	178	151register, and shall perform such clerical and other duties as may be required by the first justice,
179	179	152with the approval of the chief justice. The clerk may be removed by the first justice with the
180	180	153approval of the chief justice. The Nantucket county register of probate may, with the approval of
181	181	154the chief justice, designate 2 employees as deputy assistant registers with the same powers as
182	182	155assistant registers and with the approval of the chief justice remove a deputy assistant register.
183	183	156One deputy assistant register shall receive additional compensation in an amount equal to 10 per
184	184	157cent of the annual salary of the Nantucket county register of probate. One deputy assistant
185	185	158register shall receive additional compensation in an amount equal to 5 per cent of the annual
186	186	159salary of the Nantucket county register of probate. 9 of 14
187	187	160 SECTION 11. Chapter 217 of the General Laws, as appearing in the 2018 Official
188	188	161Edition, is hereby amended by striking out section 29C in its entirety and inserting in place
189	189	162thereof the following:-
190	190	163 Section 29C. The register of the Barnstable probate court may, with the approval of the
191	191	164chief justice of the probate and family court, designate 5 employees as deputy assistant registers
192	192	165with the same powers as assistant registers and with the approval of the chief justice remove a
193	193	166deputy assistant register. Three deputy assistant registers shall receive additional compensation
194	194	167in an amount equal to 10 per cent of the annual salary of the Barnstable county register of
195	195	168probate. Two deputy assistant registers shall receive additional compensation in an amount
196	196	169equal to 5 per cent of the annual salary of the Barnstable county register of probate.
197	197	170 SECTION 12. Chapter 217 of the General Laws, as appearing in the 2018 Official
198	198	171Edition, is hereby amended by striking out section 29D in its entirety and inserting in place
199	199	172thereof the following:-
200	200	173 Section 29D. The register of the Berkshire probate court may, with the approval of the
201	201	174chief justice of the probate and family court, designate 3 employees as deputy assistant registers
202	202	175with the same powers as assistant register and with the approval of the chief justice remove a
203	203	176deputy assistant register. Two deputy assistant registers shall receive additional compensation in
204	204	177an amount equal to 10 per cent of the annual salary of the Berkshire county register of probate.
205	205	178One deputy assistant register shall receive additional compensation in an amount equal to 5 per
206	206	179cent of the annual salary of the Berkshire county register of probate. 10 of 14
207	207	180 SECTION 13. Chapter 217 of the General Laws, as appearing in the 2018 Official
208	208	181Edition, is hereby amended by striking out section 29E in its entirety and inserting in place
209	209	182thereof the following:-
210	210	183 Section 29E. The register of the Hampden probate court may, with the approval of the
211	211	184chief justice of the probate and family court, designate 6 employees as deputy assistant registers
212	212	185with the same powers as assistant registers and with the approval of the chief justice remove a
213	213	186deputy assistant register. Four deputy assistant registers shall receive additional compensation in
214	214	187an amount equal to 10 per cent of the annual salary of the Hampden county register of probate.
215	215	188Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per
216	216	189cent of the annual salary of the Hampden county register of probate. Notwithstanding the above,
217	217	190any person designated as a deputy assistant register of probate pursuant to this section as of the
218	218	191effective date of this act shall continue to serve in that capacity and shall receive additional
219	219	192compensation in an amount equal to 10 per cent of the annual salary of the Hampden county
220	220	193register of probate.
221	221	194 SECTION 14. Chapter 217 of the General Laws, as appearing in the 2018 Official
222	222	195Edition, is hereby amended by striking out section 29F in its entirety and inserting in place
223	223	196thereof the following:-
224	224	197 Section 29F. The register of the Worcester probate and family court may, with the
225	225	198approval of the chief justice of the probate and family court, designate 6 employees as deputy
226	226	199assistant registers with the same powers as assistant registers and with the approval of the chief
227	227	200justice remove a deputy assistant register. Four deputy assistant registers shall receive additional
228	228	201compensation in an amount equal to 10 per cent of the annual salary of the Worcester county 11 of 14
229	229	202register of probate. Two deputy assistant registers shall receive additional compensation in an
230	230	203amount equal to 5 per cent of the annual salary of the Worcester county register of probate.
231	231	204Notwithstanding the above, any person designated as a deputy assistant register of probate
232	232	205pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
233	233	206as previously provided by this section prior to its amendment and shall continue to receive 15 per
234	234	207cent of the annual salary of the Worcester county register of probate.
235	235	208 SECTION 15. Chapter 217 of the General Laws, as appearing in the 2018 Official
236	236	209Edition, is hereby amended by striking out section 29G in its entirety and inserting in place
237	237	210thereof the following:-
238	238	211 Section 29G. The register of the Bristol probate and family court may, with the approval
239	239	212of the chief justice of the probate and family court, designate 6 employees as deputy assistant
240	240	213registers with the same powers as assistant registers and with the approval of the chief justice
241	241	214remove a deputy assistant register. Four deputy assistant registers shall receive in addition to
242	242	215their salaries as employees, additional compensation in an amount equal to 10 per cent of the
243	243	216annual salary of the Bristol county register of probate. Two deputy assistant registers shall
244	244	217receive additional compensation in an amount equal to 5 per cent of the annual salary of the
245	245	218Bristol county register of probate.
246	246	219 SECTION 16. Chapter 217 of the General Laws, as appearing in the 2018 Official
247	247	220Edition, is hereby amended by striking out section 29H in its entirety and inserting in place
248	248	221thereof the following:-
249	249	222 Section 29H. The register of the Hampshire probate and family court may, with the
250	250	223approval of the chief justice of the probate and family court, designate 3 employees as deputy 12 of 14
251	251	224assistant registers with the same powers as assistant registers and with the approval of the chief
252	252	225justice remove a deputy assistant register. Two deputy assistant registers shall receive additional
253	253	226compensation in an amount equal to 10 per cent of the annual salary of the Hampshire county
254	254	227register of probate. One deputy assistant register shall receive additional compensation in an
255	255	228amount equal to 5 per cent of the annual salary of the Hampshire county register of probate.
256	256	229Notwithstanding the above, any person designated as a deputy assistant register of probate
257	257	230pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
258	258	231as previously provided by this section prior to its amendment and shall continue to receive 15 per
259	259	232cent of the annual salary of the Hampshire county register of probate.
260	260	233 SECTION 17. Chapter 217 of the General Laws, as appearing in the 2018 Official
261	261	234Edition, is hereby amended by striking out section 29I in its entirety and inserting in place
262	262	235thereof the following:-
263	263	236 Section 29I. The register of the Plymouth probate and family court may, with the
264	264	237approval of the chief justice of the probate and family court, designate 6 employees as deputy
265	265	238assistant registers with the same powers as assistant registers and with the approval of the chief
266	266	239justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition
267	267	240to their salaries as employees, additional compensation in an amount equal to 10 per cent of the
268	268	241annual salary of the Plymouth county register of probate. Two deputy assistant registers shall
269	269	242receive additional compensation in an amount equal to 5 per cent of the annual salary of the
270	270	243Plymouth county register of probate. 13 of 14
271	271	244 SECTION 18. Chapter 217 of the General Laws, as appearing in the 2018 Official
272	272	245Edition, is hereby amended by striking out section 29J in its entirety and inserting in place
273	273	246thereof the following:-
274	274	247 Section 29J. The register of the Essex probate and family court may, with the approval of
275	275	248the chief justice of the probate and family court, designate 6 employees as deputy assistant
276	276	249registers with the same powers as an assistant register and with the approval of the chief justice
277	277	250remove a deputy assistant register. Four deputy assistant registers shall receive additional
278	278	251compensation in an amount equal to 10 per cent of the annual salary of the Essex county register
279	279	252of probate. Two deputy assistant register shall receive additional compensation in an amount
280	280	253equal to 5 per cent of the annual salary of the Essex county register of probate.
281	281	254 SECTION 19. Chapter 217 of the General Laws, as appearing in the 2018 Official
282	282	255Edition, is hereby amended by striking out section 29K in its entirety and inserting in place
283	283	256thereof the following:-
284	284	257 Section 29K. The register of the Franklin probate and family court may, with the
285	285	258approval of the chief justice of the probate and family court, designate 3 employees as deputy
286	286	259assistant registers with the same powers as an assistant register and with the approval of the chief
287	287	260justice remove a deputy assistant register. Two deputy assistant registers shall receive in addition
288	288	261to his salary as an employee, additional compensation in an amount equal to 10 per cent of the
289	289	262annual salary of the Franklin county register of probate. One deputy assistant register shall
290	290	263receive additional compensation in an amount equal to 5 per cent of the annual salary of the
291	291	264Franklin county register of probate. 14 of 14
292	292	265 SECTION 20. Chapter 217 of the General Laws, as appearing in the 2018 Official
293	293	266Edition, is hereby amended by striking out section 29L in its entirety and inserting in place
294	294	267thereof the following:-
295	295	268 Section 29L. The register of the Norfolk probate and family court may, with the approval
296	296	269of the chief justice of the probate and family court, designate 6 employees as deputy assistant
297	297	270registers with the same powers as an assistant register and with the approval of the chief justice
298	298	271remove a deputy assistant register. Four deputy assistant registers shall receive additional
299	299	272compensation in an amount equal to 10 per cent of the annual salary of the Norfolk county
300	300	273register of probate. Two deputy assistant register shall receive additional compensation in an
301	301	274amount equal to 5 per cent of the annual salary of the Norfolk county register of probate.
302	302	275Notwithstanding the above, any person designated as a deputy assistant register of probate
303	303	276pursuant to this section as of the effective date of this act shall continue to serve in that capacity,
304	304	277as previously provided by this section prior to its amendment and shall continue to receive 15 per
305	305	278cent of the annual salary of the Norfolk county register of probate until they are no longer so
306	306	279designated, as previously provided by this section prior to its amendment.