Massachusetts Guardianship Fee Waiver: Affidavit of Indigency for Minor Guardianship

What Guardianship Actually Costs

The initial filing fee for a minor guardianship petition (MPC 140) in Massachusetts Probate and Family Court is $0. That surprises many people — but the petition itself is free.

The costs that add up are everything around it:

• Citation fee: $15 per citation issued by the court register
• Service of process: Sheriff or constable fees for serving the petition on parents and other parties — these follow the statutory schedule (per-defendant fees plus copy attestation and travel charges)
• Publication fees: If a parent can't be found and the court orders notice by publication, newspapers charge for the placement
• Certified records: $22 for a certified copy of the Decree and Order of Appointment of Guardian of a Minor; $25 for each subsequent Letter of Appointment (the first is included with the appointment)
• eFileMA platform fee: $22 if you file electronically (optional — paper filing is free)

For a grandparent or relative on a fixed income, even these smaller costs can be a barrier.

The Affidavit of Indigency

Massachusetts allows petitioners who can't afford court fees to request a waiver through the Affidavit of Indigency under M.G.L. c. 261, §§ 27A–27G. This covers normal court costs like the $15 citation fee and constable service fees.

You qualify under one of three categories:

Category A — You receive means-tested public assistance: TAFDC, EAEDC, MassHealth, SSI, or Veterans' Benefits. If you're in this category, eligibility is straightforward — your benefit enrollment serves as proof.

Category B — Your household income (after taxes) is at or below 125% of the court system's published poverty threshold guidelines.

Category C — Paying the fees would deprive you or your dependents of necessities — food, shelter, clothing. If you apply under Category C, you must also complete the Supplement to the Affidavit of Indigency, detailing your household income, assets, and living expenses.

What the Waiver Covers

An approved Affidavit of Indigency covers:

• Citation fees
• Constable or sheriff service fees
• Other standard court costs

M.G.L. c. 261, § 27A includes court-ordered publication of a citation among normal fees and costs. For an extra cost beyond normal fees, the court may approve it if it is reasonably necessary to provide an effective prosecution or defense.

How to File the Affidavit

File the Affidavit of Indigency at the same time you file your MPC 140 petition. Include it with your initial paperwork at the Registry of Probate or upload it through eFileMA.

The clerk or register reviews the application. If it cannot grant the request, it must bring the application to a judge, who may decide it or schedule a hearing within five days. If the judge denies the request, you may appeal within seven days.

If You Don't Qualify for a Waiver

Even without a fee waiver, the out-of-pocket costs for a minor guardianship case in Massachusetts are modest compared to most legal proceedings. The petition filing fee is $0, and the service and citation fees are the primary expenses.

If you're paying out of pocket, you can reduce costs by:

• Filing in person or by mail (avoiding the $22 eFileMA platform fee)
• Having a cooperating parent sign the notarized consent (MPC 440), which can simplify service requirements

Free Help With the Paperwork

Court Service Centers across Massachusetts help petitioners fill out the Affidavit of Indigency and other guardianship forms at no cost. They can walk you through the eligibility categories and help you gather the right documentation. They can't give legal advice, but they handle the paperwork questions that trip people up.

Our Massachusetts Guardianship and Custody Court Process Guide includes the complete fee schedule and a step-by-step walkthrough of the indigency application, alongside the rest of the filing process.

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