Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies in Massachusetts, their estate often goes through the Probate and Family Court in the county where they were domiciled. To determine if a probate estate has been opened for a decedent, follow these steps:
- Identify the Correct County: Estates are administered in the county where the decedent lived at the time of death.
- Search the Online Court Docket: Access the Massachusetts Probate and Family Court electronic docket search at MassCourts Probate & Family. Enter the decedent’s full legal name to see if a case number exists.
- Contact the Register of Probate: If the case isn’t found online, call or visit the Register’s office for the appropriate county. Under Mass. Gen. Laws ch. 190B, § 3-201, the register keeps a public index of all petitions and letters issued.
- Review Key Documents: If a case is listed, look for the Petition for Probate or Administration, the Order Allowing Probate, and the Letters Testamentary or Letters of Administration. Issuance of letters confirms that the court has opened the estate (Mass. Gen. Laws ch. 190B, § 3-301).
- Obtain Certified Copies: For proof of appointment, request certified copies of the Letters Testamentary or Administration from the Register’s office. Fees vary by county.
By following these steps, you can confirm whether a probate proceeding has commenced and identify the appointed personal representative.
Helpful Hints
- Have the decedent’s full legal name and date of death ready before searching.
- Older cases may not appear in the electronic system. In-person courthouse searches may be necessary.
- Check the Probate Court’s fee schedule for charges related to docket searches and certified copies.
- If you cannot find a record, verify the decedent’s last residence and search neighboring counties.
- Consult an attorney if you believe an estate should have been opened or if you need to contest the administration.