States / Massachusetts
After a death in Massachusetts
Where to look for a will, who to ask and where to search for money in Massachusetts.
The will
Which court handles probate
The Massachusetts Probate and Family Court. Its local courts serve the cities and towns of each county.
"The Probate and Family Court Department handles court matters that involve families and children, like divorce, child support, and wills."
What to do with the original will
Whoever has the will must deliver it within 30 days after learning of the death to someone able to get it probated, or to a court if they know of no one. Someone who willfully fails to deliver it can owe damages.
"shall deliver it within thirty days after notice of the death to a person able to secure its probate"
M.G.L. c. 190B, § 2-516. Read the source (an unofficial copy of the law).
Wills deposited during life
Yes. A person or their agent can deposit a will with any court for safekeeping, under that court's rules, and it is sealed and kept confidential.
"A will may be deposited by the testator or the testator's agent with any court for safekeeping"
M.G.L. c. 190B, § 2-515. Read the source (an unofficial copy of the law).
Opening a safe deposit box
A Massachusetts court guide says the court can appoint a special personal representative for the limited purpose of looking for a will in the person's safe deposit box, without a full probate case. Banks may have their own rules, so ask the bank too.
"for the limited purpose of obtaining access to a decedent’s safe deposit box to conduct a will search"
MUPC § 3-614 (special personal representatives), as described in the court's procedural guide. Read the source.
Unclaimed money
Massachusetts Office of the State Treasurer
"The State Treasury never charges any fees and can provide the same, if not more assistance than a third party because the property in question is being held in the Commonwealth's custody."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Death certificates
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First copy $32.00, more copies in the same order $32.00 each. This passage concerns death records with a full Social Security number. It lists accepted relationships, authority and supporting documents. Ask the office about other record formats.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.