Legal Question in Wills and Trusts in Massachusetts

During massachusetts probate is the actual will on file at the probate

court.and must it have the actual notarized witness signatures or are just

printed names acceptable.


Asked on 6/15/11, 7:12 am

2 Answers from Attorneys

Alexandra Golden Golden Law Center

An original will, which is signed by two witnesses and a notary, is filed along with the Petition to Probate at the Probate and Family Court. The signatures can be printed if the persons signing the will normally print their signatures. If the original will cannot be located, a copy of the will can be filed as long as there is a motion requesting the admission of the copy and an affidavit explaining the efforts made to locate the original document.

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Answered on 6/15/11, 7:35 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I do not believe there is any requirement that the will be notarized, although a self-proving affidavit is preferred practice. There is a requirement that execution of the will by the testator is acknowledged by at least two witnesses. If you have a specific question about your situation, reach out to a probate attorney as soon as possible.

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Answered on 6/15/11, 9:05 am


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