Probate Law News

PROBATE LAW APPROVED IN MASSECHUSETTS

 Chief Justice Dunphy has announced that Chief Justice for Administration and Management Robert A. Mulligan approved Standing Order 1-06,  "Case Management and Time Standards for Cases Filed in the Probate and Family Court Department" with an effective date of April 3, 2006. This new standing order replaces Standing Order 1-04, "Time Standards for Cases Filed in the Probate and Family Court Department."

The new Standing Order contains revisions to the Probate and Family Court Time Standards, and is the result of a comprehensive review process undertaken by the Probate and Family Court Steering Committee on Performance and Accountability beginning in the summer of 2005, which provided opportunity for comment with the experience of nearly one year's activities under the Time Standards.

Chief Justice Dunphy said "All those involved in the development of the revised Standing Order believe that it strikes a balance between the efficacy of early intervention through case management conferences (ADR. referrals, G.A.L. appointment, establishment of discovery schedules, certainty of future Court event dates) and the concerns expressed about the addition of these events to the process of litigation in the Probate and Family Court." The revisions will encourage the use of administrative and telephonic procedures to reduce the cost of appearing at the courthouse. Among the revisions are the scheduling of the Case Management Conference after the return of service has been filed, which will also give the opportunity in divorce cases for the initial required exchange of discovery, and the increased use of Joint Stipulation on Case Management Conference, eliminating the need to appear in person at Case Management Conference, if a Joint Stipulation is accepted by the Court. The Track Assignment Notice will now be served by the plaintiff and in domestic relations and equity actions there will be notice of possible dismissal for failure to complete service as provided in the Rules of Civil and Domestic Relations Procedure. It will continue to be possible to conduct the Case Management Conference at a motion session if earlier than the scheduled case management conference date.

 "We are grateful to the many Judges, Registers of Probate, Chief Probation Officers, court staff, and members of the bar who participated in the development of the revisions to our Time Standards Standing Order. The new Standing Order will provide uniform and consistent procedures for lawyers and litigants, and will serve to provide the users of our court with a more predictable, efficient, and cost-effective process while at the same time continuing to be sensitive to individual family issues", Chief Justice Dunphy said.

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	Did You Know?
	Probate Is Handled In Court Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.