12/28/11 - MUPC ALERT
anticipation we will have to wait a bit longer for the MUPC to roll out. Last
Thursday the House voted to extend the effective date for ninety days until
March 31, 2012 so that members of the House have an opportunity to review and
debate the proposed amendments and fees. The Senate approved the House measure
and the bill is currently on the Governor's desk for signature. The Governor is
expected to sign the bill before January 2, 2012.
PROBATE AND FAMILY COURT ANNOUNCES NEW MUPC PROBATE AND ESTATE FORMS
EFFECTIVE JANUARY 2, 2012
The Probate and Family Court announces an initial release of MUPC Probate and Estate forms effective, on or after, January 2, 2012.
These new forms were developed by the MUPC Estate Working Group, Forms Committee and by Chief Justice Paula M. Carey. A second round of forms will be released prior to January 3, 2012. These forms will not be accepted prior to January 2, 2012.
The new forms can be found at:
PROBATE AND FAMILY COURT COMMUNICATES
THE DELAYED IMPLEMENTATION OF THE MASSACHUSETTS UNIFORM PROBATE CODE ("CODE") UNTIL MARCH 31, 2012,
AMENDED STANDING ORDER 5-11 AND REVISED FORM
The implementation of the Massachusetts Uniform Probate Code, G. L. c. 190B, originally scheduled for January 2, 2012, has been delayed. The delay is the result of the recent vote by the House and Senate to extend the effective date of the Code for ninety days until March 31, 2012. We have received confirmation that the Governor will sign the bill into law tomorrow, December 30, 2011.
As a result of the delay, the Probate and Family Court’s Implementation Committee has amended Standing Order 5-11,
Regarding the Application of G. L. c. 190B, Articles I –IV, VI & VII, to Estate Cases Pending on March 31, 2012 or with a Decree Issued Prior Thereto, and has revised the Supplemental Notice form (MPC 591) and Instructions (MPC 938). The full text of the amended standing order and the revised form/instructions are available at:
The delayed implementation also impacts the Probate and Family Court’s early release and use of new MUPC forms for estate and administration cases, which have now been removed from the Court’s website. The Court’s current (pre-MUPC) forms will continue to be used after January 2, 2012 until further notice. They can be found at:
The recently approved Supplemental Rules of the Probate and Family Court will continue to have an effective date of January 2, 2012. Any change to the effective date of revised Uniform Practices will be posted on the Court’s website before January 2, 2012.
The revised MUPC Supplemental Notice form (MPC 591) and updated Instructions (MPC 938) may also be obtained at each registry and accessed at:
The amended Standing Order and revised form are effective immediately.
THE NEW AND REVISED 209A FORMS EFFECTIVE DATE HAS CHANGED TO JANUARY 17, 2012
Chief Justice for Administration & Management Robert A. Mulligan has promulgated new and revised forms for use in cases brought pursuant to G.L. c. 209A, the abuse prevention order statute. These forms will take effect on January 1, 2012.
To read more about these forms, click here >>
Please note that beginning January 1, 2012, Justice Gregory V. Roach is temporarily reassigned to Norfolk County and will not be sitting in Worcester. Until further notice, cases will be reassigned by docket number for purposes of motions, contempts, and uncontested matters as follows:
Docket number ending in 50,51,52: Judge King
Docket number ending in 53,54,55,56: Judge Lian
Docket number ending in 57,58,59: Judge DiLeo
Docket number ending in 60,61,62,63,64: Judge Keamy
Docket number ending in 65,66: Judge Meagher
Effective immediately, no motions or contempts shall be scheduled on Mondays and instead shall be scheduled on the reassigned judge’s motion day. For example, a case ending in “52” shall be scheduled on a Wednesday before Judge King.
Parties who have a pretrial or trial scheduled with Judge Roach must report on that date unless specifically reassigned by the court. Individual notices to follow.