Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 39 (2026)

Administration of estates; compensation for services; power to determine and enforce

✓ current as of July 2026

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Section 39. Probate courts may ascertain and determine the amount due any person for services as appraiser, for premiums of surety companies for acting as surety upon the official bonds of administrators, executors, trustees, guardians, conservators or receivers, or for services rendered by any person in connection with the administration of the estate of a deceased person, or with the administration of any trust, guardianship, conservatorship or receivership; and payment of said amount when ascertained and determined to be due may be enforced summarily by said court upon motion of the person to whom the amount is due in the same manner as a like payment under a decree in equity may be enforced, and execution may also be issued therefor against the executor, administrator, trustee, guardian, conservator or receiver personally as upon a judgment at law.

Notes of Decisions

Cited in 10 cases, 1929–2007 · leading case: Heller v. Silverbranch Constr. Corp., 382 N.E.2d 1065 (Mass. 1978).

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Heller v. Silverbranch Constr. Corp., 382 N.E.2d 1065 (Mass. 1978). “There are two reasons for requiring a separate evidentiary hearing or trial in cases such as those.”

Mulloney v. Barnes, 266 Mass. 50 (Mass. 1929). · cites it 4× “Services rendered by any person in connection with the administration of the estate of a deceased person, under G. L. c. 215, § 39, includes services rendered in procuring the appointment of an administrator.”

Conley v. Fenelon, 266 Mass. 340 (Mass. 1929). · cites it 2× “A provision is found in G. L. c. 215, § 39, to the effect that, “Probate courts may ascertain and determine the amount due any person .”

In re the Trusts Under the Will of Crabtree, 865 N.E.2d 1119 (Mass. 2007). “Additionally, G. L. c. 215, § 39, provides that “[pjrobate [c]ourts may ascertain and determine the amount due any person for services as .”

Condon v. Haitsma, 90 N.E.2d 549 (Mass. 1950). “There it was held that an attorney’s claim for services and expenses under G. L. c. 215, § 39, 3 was barred by G. E.”

Ginzberg v. Wyman, 172 N.E. 614 (Mass. 1930). “The petition is brought under G. L. c. 215, § 39. Its pertinent provisions are these: “Probate courts may ascertain and determine the amount due any person .”

Sullivan v. Goulette, 182 N.E.2d 519 (Mass. 1962). “See G. L. c. 215, § 39. See also G. L. c. 206, § 16 (as amended through St.”

Moushegian v. Sheppard, 180 N.E. 619 (Mass. 1932). · cites it 6× “This is a petition filed in the Probate Court by an attorney at law under G. L. c. 215, § 39, for services alleged to have been rendered in connection with the administration of the estate of a deceased person.”

Mulcahy v. Boynton, 167 N.E.2d 867 (Mass. 1960). “The executor properly concedes that the petitioner is entitled under G. L. c. 215, § 39, 1 to a decree awarding him the fair value of his services and makes no request that the petitioner’s compensation be reduced because he did not himself do the checking of the security values.”

Hale v. Gravallese, 162 N.E.2d 817 (Mass. 1959). “Authority of the Probate Court to ascertain and determine the amount due a person for services rendered in connection with the administration of a guardianship upon motion of the person to whom the amount is due and to enforce the payment of such amount is conferred by G. L. c.…”

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