Massachusetts Supplemental Probate and Family Court Rule 25: Recording of Papers
The Registers of Probate shall record the following documents:
- Wills--when allowed
- Agreement to Compromise Will
- All licenses to Sell Real Estate: (Where no License Issues Record Decree)
- Leave to Mortgage--Decree
- Sale--Mortgage of Real Estate--Subject to Remainder--Decree
- Partition cases--Warrant--Report--Decree only
- Affidavits- re: Sales--if Public Auction
- Adoption--Decree (To be recorded in Special Adoption Volume)
- Change of Name--Decree (On petition to Change Name only)
- Trusts Inter Vivos--Unless Recorded in another Registry
- Waiver of Will
It is suggested that docket entries be made in regard to the following:
- Total of Schedules in Account
- Divorce and Separate Support Judgments
- Modification Judgments
- Custody Decrees and Judgments
- All Orders for Execution
The register shall, however, record on request of any person in interest at such person's cost, to be estimated by the register and paid in advance within a designated time, any paper or instrument not herein required to be recorded relating to any probate proceeding on file in the registry, but not including interrogatories, depositions and similar discovery matters, and papers impounded by order of the court.
Added December 14, 2011, effective January 2, 2012.
Reporter's Notes (2012): Reference to dower or curtesy have been removed. Updates decree to judgment where appropriate. G.L. c. 215, § 36, appears to require a rule which instructs the Registers which papers to scan. The statute provides that:
"The registers shall record in books kept therefor such judgments, decrees, orders and other proceedings in said courts and such instruments, as shall be determined by rules made from time to time under section thirty, by entering the same upon the pages thereof in fair and legible handwriting, printing, typewriting, or by photographic process, or by any combination of any two or more of such methods. They may also direct the recording of any judgments, decrees, orders, instruments and other proceedings in their offices, irrespective of the time when such judgments, decrees, orders, instruments or other proceedings were made, received or held, by means of microphotography or other similar photographic process, and, in such case need not maintain books for such records, but shall provide such filing equipment therefor as they deem proper, the cost of which shall be paid by the county. When such recording is by photographic process, registers shall keep an alphabetical index thereof, or other appropriate description of and reference to the film upon which such recording may be found."