Probate Court Establishes New Fiduciary Litigation Session for Complex Probate Litigation Cases

November 15, 2017

After years of discussion and efforts by the probate bar and the Probate and Family Court, the Court recently announced a one year pilot project for the formation of a new Fiduciary Litigation Session (“FLS”). The purpose of the FLS is to handle complex and contested trust and estate cases separate from the ordinary trial sessions in the Probate Court. Justice Elaine Moriarty, an experienced trial judge well-versed in fiduciary law matters, will preside. The FLS will be housed at the Norfolk Division of the Probate Court, and will accept cases from Suffolk, Middlesex and Norfolk counties.

The overriding goal of the FLS is to “provide a specialized forum for the speedy resolution of contested and complex probate litigation cases and to provide individualized and collaborative case management to reduce the costs associated with fiduciary litigation.”

The procedural rules for processing cases through the FLS are set forth in a new Standing Order.

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