Are Wills Public Record in Massachusetts?

By Matthew P. Albanese

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Estate Planning

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Last Modified on Sep 08, 2026

When creating a will, you are putting your financial information, family relationships, and personal goals into a single document. With so much personal information involved in the estate planning process, it is natural to wonder, “Are wills public record in Massachusetts?”

Are Wills Public Record?

When you create a will, that document is a private legal document and is only shared with those to whom you give copies. It is not part of the public record, as a will is not even filed with the court until after you pass away.

Once you pass away, loved ones typically review the will in order to understand your wishes and to take the appropriate steps to file a probate case with the court. This process is overseen by the executor named in your will. Beneficiaries and heirs often also view the will during this stage in the case, though the document is not yet in the public record.

During probate, the process through which your estate is administered after your death, your will becomes part of the public record. Your will is often submitted to the court during the early stages of a probate case, as the court must confirm its validity before it is used to inform decisions.

In accordance with Massachusetts’ will laws, the executor may submit the will to the local probate and family court, such as the Suffolk Probate and Family Court at 24 New Chardon St., Boston.

Once a will becomes part of the public record in Massachusetts, it is possible for any individual to access this document through online court records. This can mean losing control over what remains private, as well as personal information being able to be accessed by unknown or unwanted individuals. In certain, limited cases, the court may choose to impound documents, including a will, to keep it private.

Tips for Keeping Your Estate Plan Private

Privacy is important for many individuals. While it is difficult to fully ensure your privacy when using a will, here are some tips to remember when estate planning:

• Explore other estate planning tools. If privacy is one of your main goals, relying on a will may not be the right option for you. Other documents, such as a trust, may help you transfer property while avoiding probate, thus avoiding your documents entering the public record.
• Limit unnecessary personal information. During your will case, you should work with a lawyer who can draft an effective will while minimizing the amount of personal information included. They can help you stick to only necessary information without exposing too much financial information or details on your personal relationships.
• Review and update your plan regularly. It is recommended to review your will every couple of years, and change it after significant life events such as marriages, divorces, births, deaths, or property purchases. Keeping your will up-to-date can help reduce the amount of outdated personal information.
• Pursue impoundment when appropriate. If you hire a wills lawyer, they can explain whether impoundment and other options to keep your will out of the public eye are possible. A lawyer can also help you work with the court to get this done.

While wills lack some privacy, they are still a foundational estate planning tool. They are also one of the most common, with 24% of Americans having a will. While you may want to consider using more private documents for more personal or sensitive planning needs, a will still may have a place in your overall plan.

Hire a Wills Lawyer Who Respects Your Privacy

Throughout his career, Attorney Matthew P. Albanese has worked to assist seniors and other individuals in creating an estate plan. He brings years of experience as an estate planning attorney as well as serving as the Legal Counsel to the Massachusetts House of Representatives Committee on Medicaid.

FAQs

How Do You Find Out If Someone Has a Will in Massachusetts?

If someone is still living, you cannot find out if someone has a will in Massachusetts unless they choose to share that information. Only once an individual passes away, the will is filed with the court, and a probate case is filed does the will enter the public record. At this point, you may be able to find someone’s will by searching for the probate case in the Massachusetts court system.

Can You Look Up a Deceased Person’s Will?

Yes, if someone has passed away, there is a way to look up their will. You can search for public Massachusetts Probate and Family Court Dockets online through the MassCourts Case Lookup system. Finding the case associated with the person’s name and address may reveal the will or other public documents. This is only possible if the probate case has been filed and the documents are public.

Who Is Entitled to See a Copy of the Will?

A will that has become part of the public record by being in a probate case can be viewed by any members of the public, not just beneficiaries or family members who are involved in the probate case. This means that you do not have to prove your relationship or otherwise prove your right to view the document. After a death but before probate, the executor named in the will should allow beneficiaries and heirs to view the will.

Do All Wills Go Through Probate in Massachusetts?

Yes, all wills must go through probate in Massachusetts in order for the wishes in the will to be carried out. Even if some assets are transferred through a trust or other estate planning tool, probate is still necessary if there are assets not covered by these documents. A will controls the property that remains subject to the probate process. Because probate is unavoidable with a will, it is also unavoidable that the will eventually becomes public record.

Speak With a Skilled Massachusetts Wills Attorney Now

The right plan can help you protect your privacy throughout your lifetime and after your death. Contact our firm to keep your information confidential without sacrificing your other estate planning goals. Let our knowledgeable team at Albanese Law, LLC answer your questions and explain your legal options.

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