Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Massachusetts, you need to determine whether they created a valid will or other estate planning documents. Use these steps to locate and verify any documents:
1. Search Probate and Family Court Records
Massachusetts requires that most wills be filed in the Probate and Family Court in the county where the decedent lived or owned property. To check if a will has been submitted:
- Visit or contact the clerk’s office of the relevant Probate and Family Court.
- Use the Massachusetts Trial Court Electronic Case Access (eAccess) portal to search public dockets by the decedent’s name.
See filing requirements in M.G.L. c. 190, § 4 and deposit rules in M.G.L. c. 193, § 8.
2. Contact Attorneys and Named Executors
Many people keep their original wills with the attorney who drafted them. Reach out to any law firms the decedent used. If you know who the named executor or personal representative is, that person likely has a copy or knows its location.
3. Check Safe Deposit Boxes and Personal Files
A decedent may store estate planning documents in a safe deposit box or a secure home location. Banks typically require a court order or executor’s authorization to open a box after death. Review personal files, home safes, or locked cabinets.
4. Ask Family, Friends and Financial Advisors
Close relatives, friends, accountants or financial planners may know if a will, trust, power of attorney or advance directive exists. They may hold copies or recall where documents are stored.
5. Explore Other Repositories
Although Massachusetts does not maintain a central will registry, some attorneys list wills with the Massachusetts Bar Association’s optional registry. Veterans can check with the U.S. Department of Veterans Affairs for documents filed under the National Personnel Records Center.
Helpful Hints
- Gather the decedent’s full legal name and date of death before searching court records.
- Use the eAccess portal (https://www.masscourts.org/) for preliminary docket searches.
- Document every contact, request and court visit in writing.
- If you locate a will, obtain certified copies for the probate process.
- Consult an estate planning attorney to review and interpret any documents you find.