Rule 15 Criminal Proceedings

Probate courts in Massachusetts normally handle things like wills, estates, and guardianships. But sometimes a person involved in a probate case does something in court that could be considered a crime, like lying under oath or disobeying a court order.

When that happens, the probate court judge can refer the matter to the proper criminal court. The probate court does not handle the criminal case itself. Instead, it sends the matter to a court that has the power to deal with criminal charges.

This rule makes clear that probate courts follow the same basic procedures as other Massachusetts courts when criminal issues come up. Anyone facing possible criminal charges from something that happened in probate court has the same rights they would have anywhere else in the court system.