Legal Question in Wills and Trusts in Massachusetts

Re: Obtaining a copy of will

First, I am sorry for the loss of your grandmother.

Second, if a will was filed and if your daughter was named in the will, she should have received notice that the will was being presented for probate and that she was an "interested party". If she has received no notice, it is possible that (1) the will is not being probated or has not been presented to the court yet; (2) there is no will; (3) your grandmother left no probate assets; or (4) your daughter was not named in the will.

Third, if there was no will but the estate is being administered through the probate court, someone may have filed a petition for administration. Where there is no will and a person leaves property, the legislature has determined who will receive from the estate. In this case, how her estate will be distributed depends on who survived your grandmother. Similar to the filing of the will, if someone were to petition to administer the estate, all "interested parties", would receive notice that the petition had been filed. For an administration, interested parties would include her surviving spouse if any, and her surviving children. If any children pre-deceased her, that person's children would receive notice as well.

You may check with the probate court in the county where your grandmother lived whether a will has been filed or any administration has been sought. If so, you may get a copy. I notice that you live in West Lynn (I grew up there). If your grandmother was also in Essex County, any probate matter relating to her would be filed at the Salem Probate Court.

I hope this information has been helpful. Please let me know if I can assist you in any way.

Re: Obtaining a copy of will

Go to the Probate Court for the county where she died and look-up her estate. There should be a copy of the Will in the file.

If you have more questions, please feel free to contact me.

: Obtaining a copy of will

First you have to figure out who has it, and/or who prepared it.