Legal Question in Wills and Trusts in Massachusetts

Obtaining a copy of a will

I would like to obtain a copy of a deceased relative's will. I have inherited money from the deceased. I know where to inquire about getting a copy (county probate where the relative died). My question is this -when I go to the county probate in person to inquire about getting a copy, do I have to show ID, fill out a form and include my personal information -what is the procedure when you actually go there to get a copy of the will? I want to remain anonymous, (I don't want other family members or the executor of the will to know that I got a copy).

Also, some family members inherited a certain amount of money (which was paid out) and the remaining estate is set up as a trust (the deceased's children get a certain amount per year). Does that change anything? Is the will still available as a public document at the county probate?

Any info is greatly appreciated. Thank you


Asked on 7/26/05, 9:39 am

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Obtaining a copy of a will

Assuming the will was probated, you can get a copy at the Probate and Family Court for the county the person died in. Unless the file has been sealed for good cause (rare), it is a public record. You will not need to identify yourself except as follows. You will need the docket number; if you do not have the docket number, you can look it up on the computer terminal in each court or ask a clerk to help you.

Each court is a little different, so I can tell you with certainty only about Worcester Probate. On the counter is a box with lined cards. Take a card and write the case name and docket number on the next available line and your name and address (you can try scribbling a name here, but even if you spell it out, there is no way to search the cards to find a particular entry, so don't get paranoid about it; they are destroyed after they are used up) and give it to a clerk to pull the file. Go through the file and make copies of any you want to copy) Most courts now have copiers available for the public (25 cents or more per page). Put the pages back in the order they were in and return the file to a clerk.

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Answered on 7/26/05, 10:13 am


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