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Worcester County Probate Records
Worcester County probate records are legal documents pertaining to the process of transferring property ownership after a person's death. These records provide information for genealogists researching family history, lawyers handling a deceased person’s estate, and anyone piecing together a loved one's final affairs.
The Worcester County Probate and Family Court is the custodian of probate records and makes them available to the public along with related Worcester County court records. Family members (of the deceased) and the general public can request probate records to confirm inheritance rights, track the distribution of assets, and resolve estate disputes.
Worcester County has four types of probate: informal, formal, late limited formal, and voluntary administration. The informal probate is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate, while a judge processes the formal probate. Voluntary administration is a simple process involving estates with few assets and no real estate.
Are Probate Records Public?
Yes. The Massachusetts Public Records Law guarantees the open disclosure of probate records to the public. However, it restricts some probate cases from the public because they are confidential. For example, the Worcester County Probate and Family Court will not release guardian ad litem reports to the public. Such confidential probate records can only be viewed by case parties and their attorneys.
What is Probate Court in Worcester County?
The Worcester County Probate and Family Court has jurisdiction over probate matters like wills, estates, trusts, guardianships, and conservatorships. The court is located at:
Worcester County Probate and Family Court
225 Main Street
Worcester, MA 01608
Probate Court Case Lookup
The Worcester County Probate and Family Court issues probate court case records to members of the public online, by phone at (508) 831-2200, and in person.
Inquirers may visit the Massachusetts Trial Court Case Access website to find probate records online. On the website, choose "Probate and Family Court" from the drop-down "Court Department". Choose "Worcester County Probate and Family Court" from the drop-down "Court Division". Conduct a search by name, case type, or case number, and click "Search". Individuals seeking historic probate records from 1731 to 1916 can access them online or request copies by submitting an online form.
Copies of probate records can be obtained by mail or in person at the Worcester County Probate and Family Court Clerk's office. The requester must complete the Request for Copies form and pay the appropriate copy fees. In-person requests can be made Monday through Friday, 8:30 a.m. to 4:30 p.m. The Clerk charges $0.05 per page for unattested copies of probate records, $2.50 per page for attested copies, and a higher cost for certified copies.
How to Find Probate Records Online Free
Individuals can easily find probate records online for free using the Massachusetts Trial Court Case Access website. The search criteria are name, case type, and case number. Requesters seeking old probate records can also access them at no cost online. Generally, copies of probate records can not be downloaded from these online portals. They can only be obtained by mail or in person at the courthouse for a fee.
How Long Does Probate Take in Massachusetts
The duration of probate in Massachusetts depends on several factors, such as the type of probate (voluntary, formal, informal, or late and limited formal probate), complexity of the estate, and disputes. For example, voluntary administration for an estate takes about 10 days, while other types of probate, like formal or informal probate, typically last longer.
Are Wills Public Record?
Yes, wills become public records after they are filed with the Probate and Family Court in the county where the deceased person resided. For example, anyone can request copies of a will by phone or in person at the Worcester County Probate and Family Court. The phone number to call is (508) 831-2200, and all in-person visits should be done on weekdays from 8:30 a.m. to 4:30 p.m. Requesters can check the Massachusetts Trial Court Case Access website to retrieve basic information that will help facilitate the search for the record.
How to Find Out If Someone Has a Will
Interested persons may find out if someone has a will by checking the Massachusetts Trial Court Case Access website to see if there is any record of the person’s estate. If a record is found, the requester can proceed to order a copy of the deceased person’s will from the Probate and Family Court in the county where the deceased person died or resided. Other ways to find out if someone has a will include:
- Contacting the deceased person’s attorney or accountant
- Searching the deceased's house
- Checking their safe deposit box
Worcester County Family Court Case Search
The Worcester County Probate and Family Court handles family-related cases, such as divorce, child support, paternity, parenting time, custody, adoption, name change, parental rights, and abuse prevention. Interested persons may obtain copies of these records by completing the Request for Copies form and mailing or bringing it alongside the appropriate fees to the courthouse. The fees can be paid by attorney’s check, money order, bank-certified check, or bank cashier’s check.
The Massachusetts Trial Court Case Access portal may be used to view family court records for free. Users can conduct a search by name, case number, or case type. The Worcester County Probate and Family Court has some family records that are confidential and not open to public inspection. Examples of such records include:
- Paternity cases where the alleged father is found not to be the father
- Adoptions and child welfare (G.L. c. 210 §5C, and G.L. c. 119)
- Abuse prevention cases of a minor (G.L. c. 209C, §13 and G.L. c. 209A, §8)
Furthermore, the Worcester County Probate and Family Court segregates some documents within a family case from public inspection. Such documents include financial statements, medical certificates, clinical team reports, affidavits of indigency, personal medical information, qualified domestic relations orders, or a 209A plaintiff's contact details (residential and workplace addresses and telephone numbers).
