Massachusetts Probate & Family Court Fee Reference
Current filing fees for divorce, custody, guardianship, probate, and other common Probate & Family Court filings in Massachusetts.
Standard Surcharges Added to Most Filings
Most new complaints and petitions that carry an initial filing fee and open their own docket number add a $15 surcharge on top of the base fee. Separately, each citation or order of notice costs $15 and each summons costs $5, and the filing party pays any required publication costs. The tables below show the base filing fee and note the $15 surcharge where it applies. 209A protective orders are completely free to file.
Divorce & Separation
| Filing Type | Base Fee |
|---|---|
| Divorce Complaint — 1A Joint Petition (uncontested)Both spouses file together; typically fastest route. A judgment of divorce nisi enters after the hearing and becomes absolute 90 days later. | $200 + $15 surcharge |
| Divorce Complaint — 1B No-Fault or FaultFiled by one spouse; 90-day nisi period applies after judgment. | $200 + $15 surcharge |
| Separation Agreement (filed with complaint)No additional fee when filed with the divorce complaint. | No charge |
| Modification — child support, custody, or parenting timePost-judgment modification of any child-related term. | $50 |
| Modification — non-child issues (alimony, other terms)Post-judgment modification of terms not related to the children. | $150 |
| Complaint for Contempt (post-divorce)Filed when the other party is not complying with the divorce judgment. No filing fee; a contempt summons costs $5. | No filing fee |
| Complaint for AnnulmentIf seeking annulment rather than divorce. | $200 + $15 surcharge |
Child Custody & Support
| Filing Type | Base Fee |
|---|---|
| Complaint for Custody, Support & Parenting TimeOne complaint covers custody, support, and parenting time. | $100 + $15 surcharge |
| Complaint for ParentageEstablishes legal parentage under the Massachusetts Parentage Act. | $100 + $15 surcharge |
| Complaint for Separate Support | $100 + $15 surcharge |
| Modification — child support, custody, or parenting time | $50 |
| Contempt — Custody, Parenting Time, or Child SupportNo filing fee; a contempt summons costs $5. | No filing fee |
| Complaint for Protection from Abuse (209A)No filing fee. Available at any courthouse during business hours and at police stations after hours. | Free |
Guardianship & Conservatorship
| Filing Type | Base Fee |
|---|---|
| Petition for Guardianship of an AdultIncapacitated adult; filed in the Probate & Family Court. No filing fee, though citation ($15) and any publication costs apply. | No filing fee |
| Petition for Guardianship of a Minor | No filing fee |
| Petition for Conservatorship (financial)Separate from guardianship; covers financial decision-making only. | $240 + $15 surcharge |
| Expand, Modify, or Limit Powers of a Guardian | No filing fee |
| Expand, Modify, or Limit Powers of a Conservator | $150 |
| Termination or Resignation of Guardian/Conservator | No filing fee |
| Annual Guardianship Report (Guardian Care Plan)Required annual filing by the guardian. | No charge |
| Petition for Rogers GuardianshipAntipsychotic medication authority. No fee when included in the guardianship petition; a standalone substituted-judgment petition may be filed as a general probate petition ($150 + $15 surcharge). | No filing fee* |
Estate & Probate
| Filing Type | Base Fee |
|---|---|
| Voluntary Administration (small estate — under $25,000)Simplified process for estates below the voluntary administration threshold. | $100 + $15 surcharge |
| Informal Probate PetitionMost common route for estates with a valid will and no disputes. | $375 + $15 surcharge |
| Formal Probate PetitionFormal probate of a will, adjudication of intestacy, and appointment of a personal representative. One flat fee regardless of estate size. | $375 + $15 surcharge |
| Late and Limited Formal ProbateFiled more than 3 years after the decedent's death. | $375 + $15 surcharge |
| Supervised Administration Petition | $375 + $15 surcharge |
| Appointment of a Trustee, Petition | $375 + $15 surcharge |
| Fiduciary Sale of Real EstateFee scales with the gross value: $100 (up to $100,000) rising in steps to $1,000 (over $1,000,000). | $100–$1,000 |
Other Common Filings
| Filing Type | Base Fee |
|---|---|
| Petition for Change of Name (adult or minor) | $150 + $15 surcharge |
| Name Change Motion During Divorce (nisi period)In divorce actions only. | $100 |
| Affidavit of Indigency (Fee Waiver)Waives filing fees for qualifying low-income parties. Approved by the clerk. | Free |
| Citation or Order of Notice | $15 each |
| Summons (including contempt summons) | $5 each |
| Certified (Attested) Copy of Court DocumentPer page charge for certified copies of judgments, decrees, and orders. | $2.50/page |
| Certificate of Orders, Decrees, or Judgments | $20 + $1/page after first |
| Exemplified Copy (for out-of-state use) | $50 + $1/page after first |