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 word ''court'' is used in that context, they shall refer to a division of the probate and family court department; and the words ''judge of probate'', ''judge of probate and insolvency'' or the word ''judge'', in context, shall mean an associate justice of the trial court appointed to a division of the probate and family court department; and the words ''register of probate'', ''register of probate and insolvency'' or the word ''register'', in context, shall mean the register of a division of the probate and family court department; and the words ''registry of probate'', ''registry of probate and insolvency'' or the word ''registry'', in context, shall mean the registry of said division.
Probate courts shall be courts of record, and the judge and the register of probate for each county shall be, respectively, the judge and the register of the division within the probate and family court department for that county.
Notes of Decisions
Cited in
6
cases, 1923–2014 · leading case:
Pinkowitz v. Edinburg, 492 N.E.2d 1153 (Mass. App. Ct. 1986).
Pinkowitz v. Edinburg, 492 N.E.2d 1153 (Mass. App. Ct. 1986).
· cites it 4× “Braude estate was from its inception a Norfolk County matter, and refers to G.L.c. 215, § 1, and other statutes that confine a probate court's jurisdiction to matters properly brought within its county.”
M.B. v. J.b, 13 N.E.3d 1009 (Mass. App. Ct. 2014).
“532, § 60, and G. L. c. 215, § 1 (1902). At the time Holt was decided, the Probate Court had “county and not statewide jurisdiction[,] .”
Commonwealth v. Leach, 141 N.E. 301 (Mass. 1923).
“G. L. c. 215, § 1; c. 217, §§ 1, 2. The same is true of the several district courts.”
Holt v. Holt, 149 N.E. 40 (Mass. 1925).
“” G. L. c. 215, § 1. If, however, a judge of probate is unable by reason of sickness, interest or other legal disqualification, or if in his opinion the assistance of another judge is required, or if he is absent, and there is no special judge of probate in the county, G.”
M.B. v. J.B. (Mass. App. Ct. 2014).
“5 (1961). The approach in Holt appears to have been dictated by the Supreme Judicial Court's conclusion that no authority existed for the reassignment of a case from one Probate Court to another.”
Agnetta v. State Street Bank, 674 N.E.2d 653 (Mass. App. Ct. 1997).
“However, a “register” is not a judge of the Probate Court, G. L. c. 215, § 1, and clerks of courts are not empowered to perform discretionary judicial acts.”
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