Essex County Probate Records

Essex County probate records are legal documents containing information about transferring a decedent's property and assets to another person or entity. They comprise various documents, including but not limited to probate of wills, estate administration, and guardianship appointment records.

Generally, probate records detail specific aspects of an individual's life, such as their final requests and wishes (will) and court orders concerning the administration of their estate. Thus, interested persons may seek these and related Essex County court records to resolve estate distribution and inheritance disputes. Probate records may also contain information about an individual's heir, which may signify a familiar relationship. As a result, probate records can help identify a decedent's family members and serve as valuable resources for genealogical research.

Are Probate Records Public?

Yes. Under Massachusetts Public Records Law, the general public has the right to inspect and request copies of court records, including probate records, except when restricted by law. As a result, everyone is allowed to access most probate records in Essex County.

Nonetheless, some records and information are confidential and only accessible to eligible persons and entities due to certain state and federal statutes. For instance, adoptions, child welfare, medical, and juvenile records are inaccessible to the general public.

What is Probate Court in Essex County?

Essex Probate and Family Courts have original jurisdiction over the county's probate and family law matters. Probate matters include wills, trusts, guardianships, and conservatorships. Meanwhile, family law matters include but are not limited to divorce hearings, change of name, paternity establishment, child support, and custody issues.

Essex Probate and Family Court has two courthouse locations: one in Lawrence and the other in Salem. Both courthouses serve all of Essex County's cities and towns. The addresses and contact information of both courthouses are as follows:

Essex Probate and Family Court (Salem)
36 Federal Street,
Salem, MA 01970
Phone: (978) 744-1020

Lawrence Probate and Family Court
2 Appleton Street,
Lawrence, MA 01840
Phone: (978) 686-9692

Probate Court Case Lookup

There are primarily two ways interested persons can look up Essex County probate cases: in-person or online. Record seekers must provide specific details about the sought-after case to identify it when looking it up through any of these methods. These details include a case number, party name, or filing date.

Records seekers can conduct an in-person lookup by visiting the specific courthouse that handled the sought-after probate case during office hours (8:00 a.m. to 4:30 p.m.) to make an in-person request. As previously mentioned, Essex County has two probate courthouses: one in Salem and the other in Lawrence. On the other hand, individuals can look up probate court case records online through the Massachusetts Trial Court Case Access portal.

How to Find Probate Records Online Free

Interested persons can find probate court records online for free through the Massachusetts Trial Court Case Access portal, provided by the Massachusetts Judiciary. The portal allows users to look up case information on different types of court cases heard by Massachusetts courts, including probate cases handled by Essex County Probate Courts. Users can search the portal by selecting "Probate and Family Court" under Court Department and "Essex County Probate and Family Court" under Court Division. Next, users can search for probate cases by party name, case type, or case number. Once the sought-after case is found, users can view different information about the case on the portal, including party information, party attorney details, subsequent action/subject details, docket, and disposition. Additionally, public docket entries and images of their corresponding filed documents are also available to view and download on the portal.

Alternatively, record seekers may search for probate records online through third-party aggregator websites that offer court record search services. These websites typically provide a user-friendly record search feature that allows used search for probate cases for free by case number or party name. However, free access to search results may be limited. Basic information about a probate case may be accessible for free, but access to comprehensive case information and documents may incur a fee.

How Long Does Probate Take in Massachusetts?

In Massachusetts, a probate process can take between 6 months and several years to complete. Multiple factors can influence this timeline, including potential delays, the complexity of the estate, bureaucratic processes, legal requirements, and the type of probate. Generally, there are three (3) types of probate in Massachusetts: formal, informal, late, and limited. Additionally, there is a simplified process called voluntary administration.

Are Wills Public Record?

Yes. Once a will is filed with the Essex County Probate Court following the testator's (writer of the will) death, it becomes public and accessible to anyone who requests it. However, filed wills of living individuals and sealed wills are restricted from public access. It is worth noting that while a will may be public, certain personal information they contain, such as social security numbers and addresses, may be redacted due to privacy concerns.

How to Find Out If Someone Has a Will

Provided the testator is dead, inquirers can find out if they left a will in Massachusetts through the Probate Court in the county where they last resided or own property or assets. Inquirers can visit or contact the Clerk's Office of the applicable Probate Court to inquire about the procedures for viewing or requesting copies of a will. Record seekers must provide the decedent's details, like their full name, to facilitate their inquiries.

Alternatively, record seekers can search the Massachusetts Trial Court Case Access portal for probate cases connected to the sought-after will. Note that federal and state law does not require testators to file their will with a Probate Court for safekeeping during their lifetime. As a result, an individual's will may not be in a probate court's possession. In such cases, interested persons can contact the testator's estate attorney, executor, or close family to ask if they are in possession of the will. Record seekers can also search the testator's home and other storage spaces, like personal safe, safety deposit box, and computer, to find their will.

Essex County Family Court Case Search

Interested parties can search for family court cases in person at the Essex County Probate and Family Courthouse or online through the Massachusetts Trial Court Case Access portal. To facilitate their search, requesters must provide information about the desired case, such as party names or case numbers.