State requirements
Making a will in Massachusetts
Massachusetts lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Massachusetts adopted the Uniform Probate Code (UPC) in 2012. Massachusetts does NOT recognize holographic wills. Massachusetts is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | M.G.L. c. 190B § 2-501 | 18+ and of sound mind |
| Execution Requirements | M.G.L. c. 190B § 2-502 | Written, signed, 2 witnesses |
| Self-Proving | M.G.L. c. 190B § 2-504 | Available with affidavit |
| Elective Share | M.G.L. c. 191 § 15 | Varies by circumstances |
Execution Requirements
Massachusetts Will Formalities
MASSACHUSETTS WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more individuals as witnesses
✓ Each witness must sign within reasonable time
UPC FLEXIBILITY:
- Witnesses need NOT sign in testator's presence
- Witnesses need NOT sign in each other's presence
- "Reasonable time" allows flexibility
⚠️ NO holographic wills recognized
Elective Share
Massachusetts Elective Share
MASSACHUSETTS ELECTIVE SHARE:
The surviving spouse may waive provisions of the will and take:
- If children/descendants: $25,000 + 1/3 of remaining estate
- If no children: $25,000 + 1/2 of remaining estate
- Life estate in 1/3 of real property
TIMING:
- Must elect within 6 months of probate
Self-Proving Affidavit
Massachusetts allows self-proving wills under M.G.L. c. 190B § 2-504.
Spousal Rights
MASSACHUSETTS SPOUSAL PROTECTIONS:
- Elective share rights
- Waiver of will provisions
- Homestead protection ($500,000)
- Allowances during administration
Massachusetts Estate Tax
MASSACHUSETTS ESTATE TAX:
- Massachusetts has state estate tax
- $2 million exemption (as of 2026)
- Rates from 0.8% to 16%
- "Cliff" effect - no exemption if over threshold
Checklist for Massachusetts Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written (no holographic)
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] Elective share rights considered
- •[ ] Massachusetts estate tax implications considered
Massachusetts will questions, answered
Can I make a will online in Massachusetts?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Massachusetts requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Massachusetts?
Massachusetts requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Massachusetts require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Massachusetts document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Massachusetts?
No. Massachusetts does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Massachusetts?
Massachusetts sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Massachusetts source above and get local help for your circumstances.
Keep reading
All guides →Your Massachusetts wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Massachusetts law, not legal advice. Statutes change — verify current requirements or consult a licensed Massachusetts attorney for complex situations.