How many witnesses does a Massachusetts will need?

Two witnesses who sign in your presence. A self-proving affidavit before a notary is optional but speeds up probate.

Does Massachusetts allow handwritten wills?

No. Massachusetts does not recognize holographic (handwritten, unwitnessed) wills. A valid will must be signed by two witnesses.

Does Massachusetts have an estate tax?

Yes. Massachusetts imposes a state estate tax above a threshold that is lower than the federal exemption, so more estates are affected than at the federal level.

Is the executor called a Personal Representative in Massachusetts?

Yes. Massachusetts follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.

Making a Will in Massachusetts: Rules You Need to Know

Massachusetts has adopted the Uniform Probate Code, which standardizes terminology and offers both informal and formal probate. Massachusetts does not recognize handwritten wills, so witnessing is essential. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Massachusetts?

In Massachusetts you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.

Capacity and signing without undue influence are what protect the will from a challenge.

What are the witness and notary rules?

A Massachusetts will must be in writing, signed by you, and witnessed by two people who sign in your presence. Massachusetts does not recognize holographic (unwitnessed handwritten) wills, so the two-witness requirement applies to everyone.

Notarization is not required for validity, but Massachusetts allows a self-proving affidavit before a notary, which lets the probate court admit the will without the witnesses testifying.

Two witnesses who sign in your presence.
No holographic (handwritten, unwitnessed) wills.
A self-proving affidavit before a notary streamlines probate.

Is the executor called a Personal Representative?

Yes. Following the Uniform Probate Code, Massachusetts uses Personal Representative for the person who administers an estate, whether named in the will (an executor) or appointed by the court (an administrator).

Massachusetts offers informal probate through a magistrate for uncontested estates and formal probate before a judge when there are disputes.

What happens if you die without a will in Massachusetts?

If you die intestate, Massachusetts's statute gives the entire estate to your spouse when all children are also the spouse's; the share changes when there are children from another relationship or surviving parents.

Intestacy means the court appoints the Personal Representative and you lose any say over guardianship of minor children.

Is probate required in Massachusetts?

Probate runs through the Probate and Family Court. Massachusetts offers a voluntary administration for small estates and informal probate for uncontested estates, which keeps costs down.

Assets with beneficiary designations or joint ownership pass outside probate. Note that Massachusetts has a state estate tax that applies above a threshold lower than the federal one, which the Personal Representative must address.

Can you make a Massachusetts will online?

Yes. A properly signed and witnessed online will is valid in Massachusetts when you follow the two-witness process. iFinallyWill produces a Massachusetts-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. Because Massachusetts has its own estate tax, larger estates may benefit from local tax and legal advice.

Frequently asked questions

How many witnesses does a Massachusetts will need?: Two witnesses who sign in your presence. A self-proving affidavit before a notary is optional but speeds up probate.
Does Massachusetts allow handwritten wills?: No. Massachusetts does not recognize holographic (handwritten, unwitnessed) wills. A valid will must be signed by two witnesses.
Does Massachusetts have an estate tax?: Yes. Massachusetts imposes a state estate tax above a threshold that is lower than the federal exemption, so more estates are affected than at the federal level.
Is the executor called a Personal Representative in Massachusetts?: Yes. Massachusetts follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.