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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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.
41million wills are opened up online for public viewing: Public will be able to access relatives' documents and those of the famous including Sir Winston Churchill. The wills of more than 41million people, some dating back 156 years, are being published on the internet for the first time in a huge online archive.
When the testator dies, the executor or executrix petitions the court for letters testamentary to prove (probate) the will. If the will is judged to be valid, it will be recorded in the will books of that court.
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