Massachusetts Last Will and Testament
Generate a last will and testament tailored to Massachusetts law. Our AI incorporates MA-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Massachusetts Legal Requirements
Key MA statutes and obligations that apply to your last will and testament.
Requirements
- Testator must be 18+ and of sound mind (MGL c.190B § 2-501)
- Will must be signed by the testator (or by another at testator's direction in testator's presence)
- Two witnesses must sign within a reasonable time after witnessing testator's signature
- Witnesses should not be beneficiaries — interested witnesses may create a presumption of undue influence
- Self-proving affidavit (with notarization) available (MGL c.190B § 2-504)
- Massachusetts adopted the Uniform Probate Code — formal and informal probate both available
Restrictions & Limits
- Holographic (handwritten, unwitnessed) wills are not valid in Massachusetts
- Surviving spouse has elective share right to at least 25% of the estate (MGL c.190B § 2-202)
- A will cannot override beneficiary designations on IRAs, life insurance, or POD accounts
Official Statute References
Primary Massachusetts statutes governing this document type.
Massachusetts Last Will and Testament FAQ
Common questions about last will and testaments under Massachusetts law.
Does Massachusetts recognize handwritten wills?
No. Massachusetts does not recognize holographic wills. All wills must be in writing (typed or printed), signed by the testator, and witnessed by two competent adults. Any will that does not meet these requirements is not valid in Massachusetts.
What is Massachusetts' probate process?
Massachusetts uses the Uniform Probate Code and offers informal probate (no court hearing for uncontested estates) and formal probate (supervised by the Probate and Family Court). Informal probate is faster and less expensive. Estates must be filed in the county where the decedent lived.
What rights does a surviving spouse have in Massachusetts?
Under MGL c.190B § 2-202, a surviving spouse can elect against the will and receive their elective share of the augmented estate. The share depends on the length of the marriage, ranging from a small percentage for short marriages to a larger share for longer marriages. The election must be made within 9 months of death.
Does Massachusetts have an estate tax?
Yes. Massachusetts has its own estate tax on estates over $2 million (as of 2023 — this threshold was raised from $1 million). The top rate is 16%. This is separate from the federal estate tax. Careful estate planning is essential for Massachusetts residents with significant assets.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.