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Massachusetts Last Will and Testament

Massachusetts wills need 2 witnesses, not a notary. Make a free Massachusetts will template; holographic wills are not valid here. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the personal representative (the Massachusetts Uniform Probate Code's term for executor) who will administer your estate. It can also name a guardian for your minor children. In Massachusetts, Chapter 190B (the Massachusetts Uniform Probate Code), Section 2-502 requires a will to be in writing, signed by the testator (the person making the will), and signed by at least 2 witnesses who witnessed the testator's signing or acknowledgment of the signature or the will. Massachusetts does not require a notary for the will itself; a notary is needed only if you add the optional self-proving affidavit under Section 2-504, a sworn statement that lets the will be probated without live witness testimony. Massachusetts does not recognize a holographic (handwritten, unwitnessed) will. The testator must be 18 or older and of sound mind under Section 2-501. Under Section 2-505, a gift to an interested witness (or that witness's spouse) can be void, so choose witnesses who are not beneficiaries. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the personal representative (executor) who administers your estate. It can also name a guardian for minor children.

  2. 2

    You need 2 witnesses, and they should not be beneficiaries. MGL c.190B Section 2-502 requires the will to be signed by at least 2 individuals who witnessed the testator's signing or acknowledgment of the signature or the will. Under Section 2-505, a devise to an interested witness or that witness's spouse is void unless 2 other subscribing witnesses are not similarly benefited, or the witness proves the gift was not the result of fraud or undue influence.

  3. 3

    A self-proving affidavit is available and needs a notary. MGL c.190B Section 2-504 lets you make the will self-proved with a sworn affidavit signed by the testator and witnesses before an officer authorized to administer oaths, such as a notary public. A self-proved will can be admitted to probate without live testimony from a witness.

  4. 4

    Massachusetts does not recognize holographic (handwritten, unwitnessed) wills. Section 2-502 requires every will to be in writing and signed by 2 witnesses, with no exception for a handwritten will made without witnesses.

  5. 5

    The will itself does not need a notary. Section 2-502 lists only writing, the testator's signature, and 2 witnesses. A notary is used only for the optional self-proving affidavit, not for the will's basic validity.

  6. 6

    The testator must be 18 or older and of sound mind. MGL c.190B Section 2-501 sets this minimum age and capacity standard, restated in the statutory self-proving affidavit as being under no constraint or undue influence.

  7. 7

    A will can be revoked by a later will or a physical act. Under Section 2-507, revoking a will can be done by executing a subsequent will that revokes it expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying it with the intent to revoke.

Key decisions before you file

Before you file a Last Will and Testament in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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MASSACHUSETTS LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [CITY], Massachusetts, being 18 years of age or older and of sound mind, declare this to be my Last Will and Testament (my will). I revoke all prior wills and codicils (earlier changes to a will) that I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [NAME] of [CITY], Massachusetts, as personal representative, the Massachusetts Uniform Probate Code's term for the executor who carries out this will and settles my estate. If [NAME] cannot or will not serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item of property and the beneficiary, the person or organization who is to receive it.]

  4. RESIDUARY CLAUSE I give the rest and residue of my estate, everything not specifically given above, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign this will on [DATE] at [CITY], Massachusetts. Under MGL c.190B Section 2-502, this will must be signed by at least 2 witnesses, each of whom witnessed my signing of this will or my acknowledgment of my signature or of the will. If someone else signs my name for me, that person must do so in my conscious presence and at my direction, as Section 2-502 allows. Massachusetts does not require the witnesses to sign in my presence or in each other's presence, but all of us are signing together below.

[TESTATOR NAME], Testator

We, the undersigned witnesses, state that the testator signed this will, or acknowledged it, in our presence, and that neither of us is a beneficiary under this will.

Witness 1: _____________________________ Address: _____________________________ Witness 2: _____________________________ Address: _____________________________

  1. SELF-PROVING AFFIDAVIT MGL c.190B Section 2-504 lets a will be made self-proved with a sworn affidavit signed by the testator and witnesses before an officer authorized to administer oaths, such as a notary public. A self-proved will can be admitted to probate without live testimony from a witness.

Commonwealth of Massachusetts, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, state that the testator signed this will as a free and voluntary act, that each witness signed at the testator's request, and that the testator was 18 years of age or older, of sound mind, and under no constraint or undue influence.

_____________________________ Testator _____________________________ Witness _____________________________ Witness

Subscribed and sworn before me on [DATE].

Notary Public, Commonwealth of Massachusetts My commission expires: [DATE]

Note: This will is governed by the Massachusetts Uniform Probate Code, MGL Chapter 190B, Article II. A gift to an interested witness, or that witness's spouse, is void under Section 2-505 unless 2 other subscribing witnesses are not similarly benefited, or the witness proves the gift was not the product of fraud or undue influence, so choose witnesses who receive nothing under the will. Massachusetts does not recognize a holographic (handwritten, unwitnessed) will, so this typed and witnessed form is the way to make a valid will here. This is a compact Massachusetts skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Massachusetts in about a minute, and notarize it online through DocDraft if it does.

Massachusetts Requirements for Last Will and Testament

Two Witnesses Must Sign the Will

MGL c.190B Section 2-502 requires a will to be signed by at least 2 individuals who witnessed the testator's signing or acknowledgment of the signature or the will. Massachusetts does not require the witnesses to sign in the testator's presence or in each other's presence.

Avoid Interested Witnesses

Under MGL c.190B Section 2-505, a devise to a witness or that witness's spouse is void unless there are 2 other subscribing witnesses who are not similarly benefited, or the interested witness proves the gift was not the result of fraud or undue influence. Choose witnesses who receive nothing under the will.

No Notary Required for the Will Itself

MGL c.190B Section 2-502 lists only writing, the testator's signature, and 2 witnesses; it does not require a notary for the will to be valid. A notary is used only for the optional self-proving affidavit under Section 2-504.

Self-Proving Affidavit Is Available

MGL c.190B Section 2-504 lets you make the will self-proved with a sworn affidavit signed by the testator and witnesses before a notary or other officer authorized to administer oaths. A self-proved will can be admitted to probate without live testimony from a witness.

Holographic (Handwritten) Wills Are Not Recognized

Massachusetts does not recognize a holographic (handwritten, unwitnessed) will executed in the Commonwealth. MGL c.190B Section 2-502 requires every will to be in writing and signed by at least 2 witnesses, with no holographic exception.

Testator Must Be 18 and of Sound Mind

MGL c.190B Section 2-501 requires the testator to be 18 or more years of age and of sound mind. The statutory self-proving affidavit restates this as being 18 or older, of sound mind, and under no constraint or undue influence.

Revoke by a Later Will or a Physical Act

Under MGL c.190B Section 2-507, a will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, obliterating, or destroying the will, done with the intent to revoke, whether performed by the testator or by another person in the testator's conscious presence and at the testator's direction.

Name a Personal Representative (Executor)

Massachusetts follows the Uniform Probate Code (MGL c.190B) and uses the term personal representative for the person who administers the estate, often still called an executor. Name a primary and a successor personal representative so the court has a clear choice if the first cannot serve.

Does your Last Will and Testament need to be notarized in Massachusetts?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Massachusetts requires 2 witnesses. MGL c.190B Section 2-502 requires the will to be signed by at least 2 individuals, each of whom witnessed the testator's signing of the will or the testator's acknowledgment of that signature or of the will. Avoid using a beneficiary as a witness: Section 2-505 voids a gift to an interested witness or that witness's spouse unless 2 other non-benefited subscribing witnesses also signed, or the witness proves the gift was not the product of fraud or undue influence.

No. MGL c.190B Section 2-502 requires only that the will be in writing, signed by the testator, and signed by 2 witnesses; it does not require a notary. A notary (an officer authorized to administer oaths) is used only if you add the optional self-proving affidavit under Section 2-504, which is not required for the will to be valid.

No. Massachusetts does not recognize a holographic (handwritten, unwitnessed) will executed in the Commonwealth. MGL c.190B Section 2-502 requires every will to be in writing and signed by at least 2 witnesses, and the statute contains no exception for an unwitnessed handwritten will.

Put your wishes in writing, name a personal representative (executor) and a residuary beneficiary for the rest of your estate, and sign the will yourself or direct someone to sign it in your conscious presence and at your direction. Then have at least 2 witnesses sign after witnessing your signing or your acknowledgment of the signature or the will, as MGL c.190B Section 2-502 requires. Adding a self-proving affidavit under Section 2-504 before a notary can simplify probate later.

Under MGL c.190B Section 2-502, a valid Massachusetts will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at the testator's direction), and signed by at least 2 witnesses who witnessed the signing or the testator's acknowledgment of it. The testator must also be 18 or older and of sound mind under Section 2-501.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before an officer authorized to administer oaths such as a notary public, that Massachusetts recognizes under MGL c.190B Section 2-504. A self-proved will can be admitted to probate without needing a witness to testify, which can make the probate process faster. It is optional, not required to make the will valid.

You must be 18 or more years of age and of sound mind. MGL c.190B Section 2-501 states that an individual 18 or more years of age who is of sound mind may make a will. The statutory self-proving affidavit form restates this standard as being 18 or older, of sound mind, and under no constraint or undue influence.

Under MGL c.190B Section 2-507, you can revoke a will by executing a subsequent will that revokes the earlier one expressly or by inconsistency, or by performing a revocatory act on the will, such as burning, tearing, canceling, obliterating, or destroying it, with the intent to revoke it. Another person can perform that act for you if done in your conscious presence and at your direction.