Budget Amendment ID: FY2012-S3-100

JUD 100

Probate Court fees and costs

Ms. Candaras moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting after Section ______, the following new Section:-

"SECTION____. Section 27C of chapter 261 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:-

(6) If the court makes a finding that the applicant could reasonably pay part of the normal fees and costs or extra fees and costs, the court may assess a reasonable partial payment towards said fees or costs and a date by which same is to be paid by the applicant.  The court shall not order partial payment without first holding a hearing thereon, and if there is an appeal pursuant to section 27D following such an order, the court shall, within 3 days, set forth its written findings and reasons justifying the order of partial payment, which document shall be part of the record on appeal."