Suffolk County Probate Records

Wills, inventories, estate settlements, and guardianship records are examples of probate records which are legal documents that specify how a deceased person's estate is to be distributed. The Probate and Family Court in Suffolk County maintains them in various formats, such as digital databases, microfilm, and paper files.

Because of its lengthy history, the county's probate records are invaluable for legal and historical research. These records are sought for various purposes, including confirming inheritance claims, settling estate disputes, or researching family history. Like other Suffolk County court records, they are also used by genealogists and researchers to learn about previous generations' relationships and property ownership.

The integration of Suffolk County's probate procedure with the Massachusetts Uniform Probate Code simplifies estate administration and permits both unofficial and official probate hearings. The court also makes some probate records available online to facilitate public access to pertinent documents.

Are Probate Records Public?

Yes. The Massachusetts Uniform Probate Code (G.L. c. 190B) and the Massachusetts Public Records Law (G.L. c. 66, section 10) both make probate documents in Suffolk County accessible to the public. This implies that the majority of probate records, such as guardianship records, estate inventories, and wills, are available to the public and can be examined or duplicated upon request. These records are kept by the Suffolk County Probate and Family Court, and some of the older files are accessible online.

Nonetheless, certain probate records have restrictions because of confidentiality concerns specified in Massachusetts statutes, such as records about juveniles, adoptions (G.L. c. 210, § 5C), and some custody or conservatorship proceedings (G.L. c. 190B, § 5-306A), which may be sealed or require permission from the courts to access, or files that contain sensitive financial or medical data, such as capacity evaluations and protected health records, which may be confidential. Usually, only those concerned, those with a court order or those with a statutory right, can view these restricted records.

What is Probate Court in Suffolk County?

The Suffolk County Probate Court is a Massachusetts Probate and Family Court branch that deals with probate matters such as guardianships, Wills, estates, and trusts. Probate courts supervise the legal process of managing a deceased person's estate to ensure that assets are allocated following a will or state law. They also manage adoption procedures, name changes, and conservatorships. The Massachusetts Uniform Probate Code governs the Suffolk County Probate and Family Court in Boston, which streamlines estate administration and offers judicial supervision in family and probate cases. Below are the court's contact details:

Suffolk Probate and Family Court
Edward W. Brooke Courthouse
24 New Chardon Street
Boston, MA 02114
Phone: (617) 788-8301
Fax: (617) 788-8962

Probate Court Case Lookup

Interested members of the public may visit the Suffolk County Probate and Family Court to search for probate cases heard within county limits. The court clerk's office manages case files, such as guardianship records, estate settlements, and wills. Interested parties can also complete the online request form, indicating the specific record of interest. Depending on the type of document and the quantity of copies requested, requesters may be required to pay a fee for the record being sought.

To locate a case, a case number, the complete name of the deceased or parties involved, or the filing date is usually required. Additional search criteria that may enhance the process include case type, case status, party type, etc. Users can search by name or case number on the Massachusetts Trial Court Electronic Case Access System, an online portal that provides access to many probate records. Making an in-person request at the courthouse for older records might be necessary.

Access may be restricted to authorized individuals in sealed or restricted instances, such as those involving minors or private financial information. Scholars can also visit the Massachusetts Archives or get help directly from the court to obtain historical probate records that predate digital case management systems.

How to Find Probate Records Online Free

State-run portals and digital archives provide free internet access to probate documents for Suffolk County. Probate cases can be searched by name or case number on the Massachusetts Trial Court Electronic Case Access System. Historical probate records can also be found at the Massachusetts Archives, though availability varies by year.

Although some third-party websites collect public records and interested persons may look them up, they are not guaranteed to be accurate or comprehensive. The Suffolk County Probate and Family Court offers free basic searches, but payments or an in-person visit may be necessary to receive certified copies or complete case files. Courts may charge requesters a fee to access official document copies per G.L. c. 262, § 4.

How Long Does Probate Take in Massachusetts?

Depending on the case's complexity, the Massachusetts probate process might take anywhere from 9 months to more than a year. Probate should be within 3 years following death, per G.L. c. 190B, § 3-108. While formal probate, which is necessary for complex estates or disputes, may take longer, informal probate, which is used for uncontested estates with unambiguous wills, can be completed in a few months. Factors such as will contests, creditor claims, real estate sales, tax filings, and judicial backlogs impact duration. It may take longer to handle estates that owe Massachusetts estate tax (G.L. c. 65C). Uncooperative heirs or missing documentation might cause delays.

Are Wills Public Record?

In Suffolk County, Wills are public record once they are filed for probate under G.L. c. 190B, § 2-515. The Will and its accompanying documents usually become available to the public once they are submitted to the Suffolk County Probate and Family Court, with some exceptions—some sections may be sealed if they contain sensitive information about beneficiaries or financial account details, for example—and wills that have not yet been filed for probate are kept private. Inquirers may look up court records online or visit the courthouse to view a probated will; sealed documents require a court order.

How to Find Out If Someone Has a Will

Interested persons may inquire with the Suffolk County Probate and Family Court to see if a will has been filed in Suffolk County. If probate is necessary, Wills are filed there after the testator's death. Record seekers may enter the deceased's name to search on the Massachusetts Trial Court Electronic Case Access System. The Will might not have been filed for probate if there is no record of it. Inquirers may also find out where the Will is by contacting the lawyer who drafted it. It is crucial to consult the probate court in the deceased's final county of residence if they lived elsewhere. Until they are formally submitted for probate, Wills are usually kept confidential.

Suffolk County Family Court Case Search

Interested members of the public look up details of family court cases and related legal matters using the Massachusetts Trial Court Electronic Case Access System or the Suffolk County Probate and Family Court Clerk's Office. (Searches usually require party names, case numbers, or filing dates.) Most Suffolk county family court records, including divorce and alimony cases, are public. However, some documents, like those pertaining to minors, adoptions, or protected cases, are confidential and restricted, and access to them may necessitate a court order or statutory approval. (For in-person requests, inquirers may visit the clerk's office and ask the court clerk for help).