Massachusetts estate planning
Make a will, living trust & powers of attorney in Massachusetts
Massachusetts sets its own rules for who can make a will, how it must be signed and witnessed, whether it needs a notary, and how estates are taxed. Estateur drafts your Massachusetts will, revocable living trust, and powers of attorney through a guided interview, then validates every document against Massachusetts law before you ever see it. It is a self-help document-preparation service, not a law firm.
Massachusetts estate planning at a glance
| Will witnesses required | two witnesses |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Available (recommended) |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Not permitted |
| State estate tax | Yes — 2025 exemption $2 million |
| State inheritance tax | None |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the Massachusetts courts or department of revenue.
How to make a valid will in Massachusetts
A Massachusetts will must be in writing and signed by you in front of two witnesses. Notarization is not required for the will to be valid, but a self-proving affidavit — which is notarized — makes probate easier by removing the need for your witnesses to testify later. Massachusetts does not recognize handwritten (holographic) wills — the witness requirement applies regardless.
Spousal protection. A surviving spouse may waive the will and take a statutory forced share under MGL c.191 § 15 (not the UPC elective share), which turns on whether the decedent left issue or kindred and includes a $25,000 / life-estate mechanic. A will can't fully disinherit a surviving spouse in most states — Estateur's interview flags this for you.
Living trusts & avoiding probate in Massachusetts
A will still has to pass through Massachusetts probate — a public, court-supervised process — before your assets reach your heirs. A revocable living trust holds your assets during life and transfers them at death without probate, which is usually faster and stays private. A trust is not right for everyone; it depends on whether you own real estate, the size and complexity of your estate, and your goals.
Estateur's free quiz recommends whether a will-based or trust-based plan fits your Massachusetts situation, and every trust-based plan includes a pour-over will as a companion document.
Powers of attorney & healthcare directives in Massachusetts
Massachusetts does not strictly require witnesses or a notary for a durable financial power of attorney to be valid, but notarization is strongly recommended so banks and title companies will honor it. (MGL c.190B § 5-501)
A Massachusetts healthcare directive must be signed before two qualified witnesses. (MGL c.201D § 2)
A complete plan also includes a HIPAA authorization so your healthcare agent can actually get your medical information. Estateur builds each of these to Massachusetts's signing rules and includes execution instructions.
Massachusetts estate & inheritance tax
Massachusetts levies a state estate tax with a 2025 exemption of $2 million — well below the federal exemption, so an estate can owe Massachusetts tax while owing no federal tax. Massachusetts has no separate inheritance tax.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the Massachusetts department of revenue.
Massachusetts statutes referenced
- MGL c.190B § 2-502
- MGL c.190B § 5-501
- MGL c.201D § 2
Massachusetts estate planning: common questions
- Is an online will legal in Massachusetts?
- Yes. Massachusetts does not care who typed your will — it cares that the will meets Massachusetts's execution rules. A will is valid in Massachusetts when it is in writing, signed by you, and witnessed by two people (MGL c.190B § 2-502). Estateur builds each Massachusetts will to those rules and includes step-by-step signing instructions, so an online will you sign correctly is just as valid as one prepared any other way.
- How many witnesses does a will need in Massachusetts?
- Massachusetts requires two witnesses to sign your will. Adding a notarized self-proving affidavit is optional but recommended — it lets the will be admitted to probate without tracking down your witnesses. Massachusetts does not recognize handwritten (holographic) wills.
- Do I need a lawyer to make a will in Massachusetts?
- No. Massachusetts law does not require a lawyer to make a valid will — you can prepare and sign your own. Estateur is a self-help document-preparation service (not a law firm, and no attorney personally reviews each plan) that drafts your Massachusetts documents against the state's verified rules and validates them before you see them. For complex situations — large or taxable estates, blended families, special-needs beneficiaries, or business succession — consulting a licensed Massachusetts attorney is wise.
- Does Massachusetts have an estate tax or inheritance tax?
- Massachusetts levies a state estate tax with a 2025 exemption of $2 million — well below the federal exemption, so an estate can owe Massachusetts tax while owing no federal tax. Massachusetts has no separate inheritance tax.
- How much does an online will cost in Massachusetts?
- Estateur uses flat, one-time pricing that is the same in Massachusetts as in every other state: a single Last Will & Testament is $79, or the full Will Plan (seven documents) is $99, with no subscription required.
Create your Massachusetts estate plan
Take the free 2-minute quiz for a personalized recommendation, or go straight to the plan you need — built for Massachusetts, at a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects Massachusetts law in general terms and may change.
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