This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Massachusetts USLegal Pamphlet on Lost Wills
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To find a copy of a will in Massachusetts, you can start by checking with the probate court in the county where the deceased lived. Many courts maintain public records of wills that have been probated. Utilizing the Massachusetts USLegal Pamphlet on Lost Wills, you can learn about the various resources and steps available to locate the will you need, ensuring you have the right information to proceed.
If you only possess a copy of a will, it may not be accepted in probate court as the official document. The original will is typically required to validate its contents and ensure it aligns with the testator's wishes. The Massachusetts USLegal Pamphlet on Lost Wills can assist you in navigating this situation, offering insights on how to handle lost original wills and the necessary steps to take.
In Massachusetts, you are not required to file a will with the court while the testator is alive. However, once the testator passes away, the will must be filed in probate court to initiate the legal process of settling the estate. The Massachusetts USLegal Pamphlet on Lost Wills provides detailed guidance on this process, helping you understand your responsibilities and the importance of proper documentation.
Go to the clerk's office in the Probate and Family Court in the applicable county to find out what the procedure is for getting copies of the documents you want and how much it will cost.
Public AccessMassachusetts law allows any person to review and obtain copies of court documents, including wills that have been submitted for probate.
In general, a will is a private document unless and until a grant of probate is issued. Once a grant of probate has been issued, a will becomes a public document and anyone can apply to have a copy.
Because probate files are public court records that anyone can read, you should be able to obtain a copy of it any will that has been filed for probate. 1 And with modern technology comes the ability to locate information about a deceased person's estate online, and in most cases for absolutely free.
The firm that prepared the will often retain the original signed document, or may keep a record of where the original was sent. If you can't find a copy, then contacting the law firm that acted for the deceased is the best starting point.
Go to the clerk's office in the Probate and Family Court in the applicable county to find out what the procedure is for getting copies of the documents you want and how much it will cost.
After the death, but before probate is granted, the only people with a right to see the will are the executors named in it. At their discretion, they can show it to anyone else.
