Disclaimer
This article is for educational purposes and not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
1. Understanding Subpoenas in Massachusetts Probate Courts
A subpoena is a court order compelling attendance of a witness or production of documents. In probate proceedings, a subpoena duces tecum lets you gather estate records—such as bank statements, deeds, or accountings—needed for administration or litigation.
2. Determine Standing and Relevance
Any interested party in a Massachusetts probate case (for example, an executor, beneficiary, creditor, or heir) may seek estate records. You must explain how the requested records relate to the estate administration or a dispute before the Probate and Family Court.
3. File a Motion for Subpoena
Prepare a written petition or motion in the Probate and Family Court where the estate is pending. Cite your authority under MGL c.190B §3-807, which allows the court to issue subpoenas for witnesses or documents in probate matters. Include:
- The estate name and docket number
- The identity and address of the records custodian
- A clear description of the records sought
- A statement of why the records are relevant to the estate
4. Obtain Issuance of the Subpoena
Once the court approves your motion, the clerk will issue the subpoena under MGL c.214 §1. You must attach the required witness fee and mileage set by MGL c.214 §2A. Without fees, the custodian may refuse to comply.
5. Serve the Subpoena
Have a sheriff or qualified process server deliver the subpoena to the records custodian following the service rules in MGL c.214. Personal service ensures the custodian receives proper notice.
6. Address Objections or Non-Compliance
The custodian may file a motion to quash if records are privileged or irrelevant. You can file a response and attend a hearing. The court will decide based on the statute and the importance of the records to your probate matter.
7. Collect and Use the Records
After compliance, review the documents promptly. Use them to prepare inventories, accountings, support creditor claims, or resolve disputes among beneficiaries. Maintain copies and file them with the court if required.
Helpful Hints
- Start early: Allow time for court scheduling and service delays.
- Verify custodian details: Accurate names and addresses speed up service.
- Include correct fees: Under MGL c.214 §2A, missing fees can void service.
- Be specific: Precisely describe records to avoid motions to quash.
- Track deadlines: Subpoenas include response dates—note them to enforce compliance.
- Keep copies: Retain filed motions, the issued subpoena, and proof of service.