State requirements
Making a will in Massachusetts
Massachusetts requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. Massachusetts does not require a lawyer to draft a will. A will created online is valid in Massachusetts when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Massachusetts?
Massachusetts requires 2 adult 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?
No. Witnesses make a will valid in Massachusetts, not a notary. 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?
A valid Massachusetts will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Massachusetts law, not legal advice. Statutes change — verify current requirements or consult a licensed Massachusetts attorney for complex situations.