Detailed Answer
If you live outside Massachusetts and need to submit an original will to a Massachusetts Probate and Family Court, follow a clear process so the court receives the original document safely and the estate can move forward. Below is a practical, step‑by‑step approach that reflects how probate works in Massachusetts and points you to the official resources you will need.
1. Determine the correct court
File where the decedent was domiciled (their legal residence) at death. The Massachusetts Probate and Family Court handles wills and estate matters. Use the Probate and Family Court directory on the Massachusetts Trial Court website to find the correct district court: https://www.mass.gov/orgs/probate-and-family-court.
2. Decide whether you are submitting the original for safekeeping or to open probate
There are two common reasons to send an original will to the court:
- Safekeeping (deposit): the court will hold the original will without opening an estate. People sometimes do this for security.
- To begin probate (petition to admit will and appoint a personal representative): you submit the original will as part of the probate filing so the court can admit it to probate and appoint an executor or administrator.
If your goal is to start probate, include a completed petition with the original will (see Step 4). If you only want safekeeping, contact the court clerk to confirm the local procedure for depositing a will.
3. Gather required documents
Typically you will need:
- The original will (signed and dated).
- A certified copy of the decedent’s death certificate (most courts want a certified copy, not a photocopy).
- A completed petition to admit the will to probate if you intend to open an estate. The Probate and Family Court publishes forms and instructions: https://www.mass.gov/orgs/probate-and-family-court/forms and general how‑to guidance: https://www.mass.gov/how-to/probate-a-will-and-establish-an-estate.
- Payment for the filing fee (check the court’s fee page). See Probate and Family Court fees: https://www.mass.gov/info-details/probate-and-family-court-fees.
- A cover letter describing what you are sending, how you want the court to handle the original (deposit or open probate), and how the court should return any documents (if applicable).
4. Choose your filing method and protect the original will in transit
Options:
- Mail the original to the court. Use an insured, trackable overnight courier that requires a signature on delivery. Include your cover letter, the death certificate, the probate petition (if opening probate), and a check for fees. Clearly mark the envelope (e.g., “Original Will enclosed — please confirm receipt”).
- Have a Massachusetts attorney or an appointed local agent file in person on your behalf. This is often the safest option if you cannot travel and want someone familiar with local procedures to handle filings and hearings.
- Deliver in person if you are able to travel or coordinate a trusted representative to drop off the original for you.
Always keep complete, dated copies of everything you send and keep tracking/insurance records. If you must send the only original will by mail, use the most secure shipping option and retain proof of shipment.
5. What the court will do with the original
When a will is filed as part of probate, the court typically accepts the original and may enter it into the estate file and eventually allow copies for estate administration and distribution. If you deposit the will for safekeeping without initiating probate, the court will hold the original and will release it only according to local rules or upon appropriate order. For statutory guidance on Massachusetts probate law see Chapter 190B (Massachusetts Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
6. If you are named as personal representative but live out of state
Nonresident personal representatives frequently serve. The court will provide instructions about qualifying (sworn statements, taking an oath, bonds if required). If you expect to serve, consider hiring a Massachusetts attorney to assist with the qualification process and court communications. Check local forms and instructions for appointment of a personal representative on the Probate and Family Court forms page listed above.
7. Follow up and request confirmation
After the court receives the original, ask the clerk to confirm receipt and to explain next steps (deposit confirmation, docketing the probate petition, scheduling any hearing). If you mailed the will, you can include a self-addressed stamped envelope or provide a prepaid courier return label if you want the original returned after the court acts. Keep the receipt, tracking number, and any court confirmation email or stamped copy.
Useful Massachusetts resources
- Probate and Family Court — main page and district contacts: https://www.mass.gov/orgs/probate-and-family-court
- How to probate a will and establish an estate (practical guide and links to forms): https://www.mass.gov/how-to/probate-a-will-and-establish-an-estate
- Probate and Family Court forms: https://www.mass.gov/orgs/probate-and-family-court/forms
- Massachusetts General Laws, Chapter 190B (Uniform Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
- Probate and Family Court fees: https://www.mass.gov/info-details/probate-and-family-court-fees
Quick checklist
- Confirm correct Probate and Family Court district for decedent’s domicile.
- Decide: deposit for safekeeping vs. file to open probate.
- Gather original will, certified death certificate, petition forms, and payment.
- Send by insured, trackable courier or use a Massachusetts attorney to file.
- Keep copies, tracking receipts, and request written confirmation from the court.
Disclaimer: This article explains general Massachusetts probate procedure and is for informational purposes only. It is not legal advice. If you have specific questions about filing a will or about serving as a personal representative, consult a Massachusetts attorney or contact the Probate and Family Court clerk for guidance.
Helpful Hints
- Call the court clerk before you send anything. Local practices vary; clerks can confirm whether to mail or bring documents and what the court requires for deposit vs. probate filings.
- Use a licensed Massachusetts attorney if you want someone to handle filings, hearings, and communications — especially if you live far away or the estate is complex.
- Send the original with tracking, insurance, and signature required on delivery. Keep copies and a record of who had custody and when.
- Obtain a certified copy of the death certificate before filing; most courts will not accept an uncertified photocopy.
- If you are named as personal representative and you live out of state, ask about whether you must appoint a resident agent or file any special paperwork for nonresidents.
- Check fee amounts and acceptable payment methods on the court website. Include a cover letter explaining exactly what you want the court to do with the original will.
- If the will is contested or the estate may be contested, consider hiring counsel early — mailing an original could trigger deadlines and notice obligations under Massachusetts law.