Norfolk County Probate Records

Norfolk County probate records are documents generated while settling an estate following an individual's death. The probate process in Norfolk County, Massachusetts, is governed by Article 3 of the Commonwealth of Massachusetts.

A probate is the the legal process of transferring a person's property and ownership after their death. A Personal Representative, typically the surviving spouse, a close relative, or a probate lawyer representing the family, is appointed at the beginning of this court-supervised procedure. Following the collection of the decedent's assets, payment of debts and taxes, and thorough accounting, this Personal Representative is then authorized to allocate the corresponding shares of the estate to the beneficiaries specified in the Will, if one exists, or to the legitimate heirs per Massachusetts Intestacy laws (if the decedent passes away without a will).

In Massachusetts, the courts have had jurisdiction over probate records since the 1630s, including the administration of estates, probate of wills, and the appointment of guardians. These records, along with other Norfolk County court records, are accessible to members of the public on request.

Are Probate Records Public?

Yes, Massachusetts state law mandates that probate court files are public records. Certified and plain copies of probate records from Norfolk County can be obtained from the Norfolk County probate court. However, certain probate records are restricted from public access, while others are only available to anyone party to the probate case. In general, the following probate records are public records:

• Actions for Equity
• Administrations and Estates
• Guardianships
• Name Changes
• Conservatorships

The following types of probate records are confidential and can only be made public occasionally:

• Wills
• Mediation reports
• Investigatory reports
• Medical reports

What is Probate Court in Norfolk County?

The probate court in Norfolk County is a section of the Norfolk County Superior Court. It functions alongside the family court, and sometimes, the duties of the two courts overlap. Family and probate proceedings, including divorce, paternity, child support, custody, parenting time, adoption, termination of parental rights, preventing abuse, wills, estates, trusts, guardianships, conservatorships, and name changes, fall under the purview of the Probate and Family Court Department. The court has 14 divisions that handle each of its specific judicial functions. The Norfolk County Probate Court is located at:

Norfolk Probate and Family Court
35 Shawmut Road,
Canton, MA 02021
Email: norfolkprobate@jud.state.ma.us

Probate Court Case Lookup

The probate court in Norfolk County allows individuals to perform a probate case lookup via any of the following means:

In-person: Interested persons may look up court records and obtain copies of probate documents and their associated costs by visiting the clerk's office in the Norfolk County Probate and Family Court. Record seekers must provide information about the probate case they are interested in. Individuals would be required to submit details such as:

• The probate case number or docket number
• The name of the personal representative
• The lawyer's name who is defending the personal representative
• The identity of the judge overseeing the estate

Online: Interested persons can search the Norfolk County online index for historical and contemporary copies of probate records. The Norfolk probate court has its index to these records. To search for probate records online, individuals must first obtain the docket number attached to the probate case. The docket number can then be used to search for probate records on the Massachusetts Trial Court public portal. Citizens can also complete the Court Archives Information Request Form online to access probate records.

How to Find Probate Records Online Free

Historical probate records that have been archived can be obtained for free at the Norfolk County probate court office. Alternatively, interested persons may obtain probate records online at no cost via third-party websites. Third-party sites are privately owned databases that provide access to different public records. The appeal of third-party websites lies in the fact that they are convenient to use, and the process of searching and obtaining probate court records may be more straightforward when compared with official sources. To search third-party sites, users only need to provide the full name of any party connected with the probate case. The third-party database will provide search results within minutes; requestors can print or send copies of these records to their personal mail.

How Long Does Probate Take in Massachusetts?

A probate process in Massachusetts takes anywhere from 3 months to 2 years. This timeline is dependent on the following factors:

• Complexity and Size of the Estate: A longer probate term is usually necessary for more extensive and more complicated estates with many assets, such as enterprises, several properties, or assets in separate states.
• Family Relationships and Conflicts: Proceedings may be considerably delayed if heirs or family members dispute the Will or the allocation of assets. Disputes may result in additional court sessions or even trials.
• Unpaid Taxes and Debts: All taxes and debts must be paid before settling the estate. If the debts remain unpaid, the timeline may be prolonged.
• Asset Type: The probate period may be prolonged by the need for appraisals and the difficulty of liquidating some assets, such as real estate or company stock.

Are Wills Public Record?

Wills in Massachusetts typically become public records after the testator (the person who made the Will) passes away and is filed with the probate court. Wills are regarded as public documents after filing, implying that anyone interested can ask the probate court to view or provide copies of the Will.

However, there are situations in which a will may be limited. Living people's wills are private and not available to the public. Rarely, a judge may decide to seal a will, preventing the general public from accessing it. Also, access to wills is neither automatic nor instantaneous; persons who request a will must provide proof of identity.

How to Find Out If Someone Has a Will

Persons seeking to find out if someone has a will may query the Norfolk County probate court. Immediately a person dies, their Will becomes public, and anyone can request to view or make copies of the Will at the probate office. The next step is to search through the deceased's belongings, including file cabinets, desk drawers, tackle boxes in the back of the closet, and safety deposit boxes. Alternatively, inquirers may contact an attorney to find out how the estate will be settled without a will if people cannot locate it.

Norfolk County Family Court Case Search

As stated earlier, the family court and probate department in Norfolk County operate as a unit within the Norfolk County Superior Court. The Norfolk County Family Court Authorities allows individuals to search for court records online or in person at the Norfolk County court. Individuals can use the self-service terminals at the court office to search for court dockets, calendars, and case information. Individuals only need to provide the person's name in the case. Persons can also obtain and complete the records request form on the court website. The completed form can be submitted to the county court in person or by mail.

Because of the delicate nature of the connected procedures, it is crucial to note that specific family court data, such as adoption records, restraining order records, and guardianship documents, are only available to involved or authorized entities.