How to Obtain and Submit an Original Will or Filed Copy During Probate Administration

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

1. Identifying and Securing the Original Will

Under Massachusetts law, the original will must be filed with the Probate and Family Court when administering a decedents estate. The person named as executor (personal representative) or any interested party should take these steps:

• Search the decedents personal papers, safe deposit box, or home for a sealed envelope labeled “Last Will and Testament.”
• Contact the decedents attorney or law firm if they drafted the will.
• If the original was deposited with the courts registry of wills (common in some estates), request it from the local Probate and Family Court clerks office under M.G.L. c.190, A7A7708;

2. Obtaining a Filed Copy from the Registry of Wills

The Probate and Family Court maintains a registry of wills pursuant to M.G.L. c.190, A7A78 and A7A711. To obtain a certified copy:

• Visit the clerks office in the county where the decedent resided at time of death.
• Submit a written request specifying the decedents name and date of death.
• Pay the statutory copy fee (see M.G.L. c.262, A7A62 for fee schedule).
• Receive a certified copy stamped by the court clerk, which is admissible for probate purposes.

3. Filing the Original or Filed Copy in Probate Administration

Massachusetts law requires filing the original will within 30 days of qualification as executor or learning of your appointment (M.G.L. c.190, A7A73). Steps include:

1. Complete a Petition for Probate of Will and Appointment of Personal Representative (Form PC).
2. Attach the original will or the certified filed copy obtained from the registry.
3. File the petition and will with the Probate and Family Court clerks office in the decedents county.
4. Provide notices to heirs and interested parties as required by M.G.L. c.190, A7A743.
5. Attend any scheduled hearings and comply with court orders.

If the original will is lost or destroyed, you may petition the court under M.G.L. c.191, A7A73 for admission of a copy with proof of due execution and absence of the original.

Helpful Hints

• Act promptly: Executors must file within 30 days of appointment (M.G.L. c.190, A7A73).
• Keep detailed records: Document where you searched and who you contacted for the original will.
• Use certified copies: Court-stamped copies are treated like originals for probate filing.
• Budget for fees: Copies and filing incur standard court fees under M.G.L. c.262.
• Consult a probate attorney if the will is contested or missing.