The
work of the Suffolk County Probate and Family Court
Registry:
The
word 'probate' is defined as the action of determining
whether a will is valid. In Massachusetts, though, the term
has been used to cover the administration of estates,
litigation involving trusts, appointments and supervision of
conservators and/or guardians, and, a variety of legal
actions usually handled in other states by 'Domestic
Relations' courts.
The
Suffolk County Probate and Family Court Registry is the
administrative arm of the Probate & Family Court in the
county. It handles legal cases involving wills, estates,
guardianship, divorce, child custody and support, paternity,
adoptions, change of name, etc. Among specific matters dealt
with by the Probate and Family Court are:
DIVORCE
SEPARATE
SUPPORT
CHILD
CUSTODY
CHILD
SUPPORT
CHANGE
OF NAME
ADOPTION
DEPOSIT
OF A WILL
PROBATE
OF A WILL (Establishing authenticity of a will,
appointment of executor, settling of estates when the
decedent left a will, permission to carry-on a business,
permit sale of real estate, determining heirs, etc.)
ADMINISTRATION
OF ESTATES (Appointment of administrator for estates
where there is no will - similar to probate of will - except
state statute determines heirs.)
GUARDIANSHIP
OF MINOR CHILDREN (Where parents are deceased or unable
to care for their child(ren) and have not had a 'standby
guardian' appointed.)
MEDICAL
GUARDIANSHIP (Appointment of a person to make medical
decisions for a person unable, or in some cases, unwilling.
Does not include control of finances.)
CONSERVATORSHIP
(Appointment of a person to manage the finances of another
who cannot, by reason of mental illness, alcoholism,
disappearance, etc. Does not involve legal custody of the
person.)
(FULL)
GUARDIANSHIP (Less common in recent years. Involves
appointment of someone to have custody of both the person
and property of another.)
PATERNITY
(Reflecting societal changes, the Probate Court has now been
given the duty of determining parentage of children. Until
recently, the issue was handled as a criminal matter in the
state's District Courts. Paternity actions now number in the
thousands in Massachusetts Probate Courts.
Generally
speaking, the Registry is divided into two departments as
staff deal with both probate and family-related issues.
Assistant Registers of Probate examine all papers presented
to the court before they are accepted to determine if they
meet the requirements of the law. These assistants provide
procedural assistance--just short of legal advice--to
lawyers practicing in the court and to members of the public
who come to the court without a lawyer (called 'pro se'
litigants.)
Records
dating all the way back to 1636 are maintained by the
registry. Unlike other courts, cases in the probate court
never really end. Even decades after a matter appears
closed, the case may come alive for reasons including the
following:
An
estate is found to have assets not dealt with ('after
discovered' property);
The health, wealth or earning capacity of a party to a
divorce or support order changes;
The subject of a custody or support order marries, dies or
changes living situation;
Judgment for divorce are left unsettled in regard to
disposition of inheritance, pension, etc;
A trustee, guardian or conservator dies, resigns or becomes
unable to serve;
An adopted child seeks to open records for medical or other
important purposes;
No means of appointing a successor trustee is available
without court action;
A "testator's" wishes can't be obeyed and the
court must substitute its judgment.
