Yes, wills are public record in Massachusetts once they are filed with the Probate and Family Court after the testator’s death. Before that filing the document is private, and a will belonging to someone who is still living is not accessible to anyone else. After death, the will becomes part of a court case file that anyone can search online or request from the county registry.
When a Will Becomes Public
The private-to-public switch happens at filing. Massachusetts General Laws Chapter 190B, Section 2-516 requires whoever has custody of a will to deliver it within 30 days of learning that the testator has died. Delivery goes first to a person who can start probate, and if no such person is known, directly to the court.1Mass.gov. Mass General Laws c190B 2-516 From that point the will lives in the court’s permanent case file and is open to public inspection.
A will deposited with the court for safekeeping while the testator is still alive is a different matter. Under Section 2-515, the court seals it and will release it only to the testator or to someone the testator has authorized in writing.2General Court of Massachusetts. Mass General Laws Chapter 190B, ArticleII, Section 2-515 It becomes public only when it is opened and filed for probate after death.
How to Look Up a Will
You’ll want the decedent’s full legal name and, ideally, the date of death. Probate filings are organized by county, so you also need to know where the decedent lived at the time of death — filings are not shared across the state’s Probate and Family Court divisions.3Mass.gov. Probate and Family Court
Searching Online
MassCourts.org is the public portal for Trial Court records.4Massachusetts Trial Court. Welcome Page – Massachusetts Trial Court Choose the Probate and Family Court department, then search by name across the state or within a specific county. You’ll see docket entries, case status, and, for many cases, scanned copies of publicly available documents including the will itself.5Mass.gov. Probate and Family Court Access to Public Court Records Frequently Asked Questions Some documents are public but not posted online; the court keeps a list of the document types held back from remote access.
Requesting Paper Copies
For a physical copy, contact the Register of Probate in the county where the case was filed. Under the Massachusetts Uniform Schedule of Fees, an unattested (plain) copy is $0.05 per page and an attested copy is $2.50 per page. A certificate of a court order, decree, or judgment related to the estate carries a $20.00 filing fee.6Massachusetts Court System. Uniform Schedule of Fees Requests can generally be made in person at the courthouse or by mail to the registry.
What Sensitive Information Gets Redacted
Probate records are public, but sensitive personal data is not. Supreme Judicial Court Rule 1:24 requires anyone filing a document containing information such as Social Security numbers or financial account numbers to provide a redacted copy alongside the original. The redacted version is what the public sees.5Mass.gov. Probate and Family Court Access to Public Court Records Frequently Asked Questions So a publicly viewable will or estate inventory should not display full Social Security numbers, full bank account numbers, or similar identifiers.
Keeping a Will Private
While the Testator Is Alive
A living person’s will is not a public record no matter where it is kept — in a private safe, with an attorney, or deposited with the court under Section 2-515.2General Court of Massachusetts. Mass General Laws Chapter 190B, ArticleII, Section 2-515 No one has a right to see another living person’s will.
Using a Revocable Trust
The most effective privacy strategy is a revocable living trust paired with a pour-over will. The pour-over will still has to be filed with the court, but it usually contains very little beyond a direction to transfer remaining assets into the trust. The trust itself is a private contract and is never filed with the Probate and Family Court, so the assets, values, and beneficiaries stay confidential.
Small Estates Are Still Public
Voluntary administration is a simplified process available when a Massachusetts resident dies leaving only personal property worth $25,000 or less, not counting one motor vehicle, under Section 3-1201 of Chapter 190B.7Mass.gov. Mass General Laws c190B 3-1201 It does not, however, keep the will private. The statute requires the original will to be filed with the voluntary administration statement, and the register dockets both as part of the court’s permanent records.8General Court of Massachusetts. Mass General Laws Chapter 190B, ArticleIII, Section 3-1201 Faster and simpler, but still public.
Penalties for Withholding or Destroying a Will
Someone who willfully fails to deliver a will after learning of the testator’s death is liable under Section 2-516 for damages caused by the delay. Refusing to comply with a court order to deliver the will exposes that person to contempt.1Mass.gov. Mass General Laws c190B 2-516
Intentionally stealing, destroying, mutilating, or concealing a will is a separate criminal offense. Chapter 266, Section 39 makes that conduct punishable by up to five years in state prison or up to two years in a house of correction.9General Court of Massachusetts. Mass General Laws Chapter 266, Section 39