During a person’s lifetime, their will is a private document. No one—not even family members—can access it unless the individual chooses to share it. However, after the person passes away, things change. If a will goes through probate, it becomes part of the public record.
Probate is the legal process that ensures a person’s debts are paid and their assets are distributed according to their will. In Massachusetts, when an executor files a will with the probate court, it becomes a public document. This means anyone can request a copy from the court. However, if a will is never filed—such as when all assets are held in a trust or pass directly to heirs—it does not become public.
It is important to note that while the will itself is public, probate must be completed before full access is granted. Until then, some details may remain sealed.
What Information is Publicly Accessible?
Once a will is admitted to probate, certain details become accessible. These may include:
- The names of the beneficiaries
- The name of the executor (the person responsible for carrying out the will)
- A general outline of asset distribution
- Any specific bequests mentioned in the will
In addition to the will, other probate documents may also be available. These include court filings, notices to creditors, and any disputes or objections raised during probate. These records help ensure transparency and fairness in the process.
While most information in a will is public, some details remain private.
What Information is NOT Public?
Not everything related to an estate becomes public. Some details are protected, including:
- Bank account numbers and other sensitive financial information
- Non-probate assets (such as retirement accounts, life insurance policies, and jointly owned property)
- Trust documents (unless they become part of a probate dispute)
Estate planning tools like revocable trusts can keep information private. Unlike wills, trusts do not go through probate, meaning their terms and distributions remain confidential.
How to Access Wills and Probate Records in Massachusetts
Understanding where and how to obtain probate records can save time and frustration. Whether you are looking for a loved one’s will or need official probate documents, knowing the right steps makes the process easier.
Locating the Probate Court
To find a will or probate record, you need to know the county where the deceased lived at the time of their death. In Massachusetts, probate cases are handled by the Probate and Family Court in the county where the person resided. The Massachusetts Trial Court website provides a directory of probate courts.
Requesting Records
You can request copies of probate records by visiting the appropriate courthouse. Many courts also allow requests by mail or online. There is often a small fee for obtaining copies. If you are unsure where to start, the court clerk’s office can help guide you.
Using Online Resources
Massachusetts offers an online case lookup system, MassCourts, where you can search for probate cases by name. This can provide case numbers and general case status, though full records may require an in-person or formal request.
Why Public Access Matters
Public access to wills and probate records plays a crucial role in maintaining fairness and clarity. It ensures that estates are handled properly, beneficiaries receive what they are entitled to, and historical records remain available for those who need them.
Transparency and Accountability
Making wills and probate records public ensures that the probate process is fair. It allows creditors to file claims, helps prevent fraud, and ensures that the executor is following the deceased’s wishes.
Protecting Beneficiary Rights
Beneficiaries have the right to understand how an estate is being handled. Accessing a will helps them confirm their inheritance and, if necessary, raise concerns about potential mismanagement. If disputes arise, having access to the will allows beneficiaries to seek legal assistance.
Historical and Genealogical Research
Public wills also serve as valuable historical documents. Researchers and family members often use probate records to trace lineage and uncover family history. These records provide insights into past generations and their property holdings.
Questions About Wills and Probate? Contact Our Team
At Casey Lundregan Burns, P.C., we have decades of experience helping Massachusetts families with estate planning and probate matters. Whether you need guidance on accessing a will, handling probate, or protecting your rights as a beneficiary, our team is here to help.
If you have questions about wills or probate in Massachusetts, call us today at (978) 878-3519. Our attorneys are ready to assist you in securing your family’s legacy and ensuring that your loved one’s wishes are carried out correctly.
Disclaimer: The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.