How to Make a Will in Massachusetts

A will is a legal document in which you leave your wishes on how your estate should be distributed to your beneficiaries upon death. You should have a will to leave your family and loved ones cared for. 

You can make a will in Massachusetts or hire a lawyer. You can contact our legal professionals at LegalPen to assist in making an online will in Massachusetts. 

What are the Steps to Create a Will in Massachusetts

Creating a will is an important step in your life as you are planning your estate in the event of your death for your family’s future.

Below are the steps to create a will in Massachusetts; –

1. Inventory of your assets – you should have a list of all your assets and properties to be included in the will. This is to ensure that you remember all property.  
2. Beneficiaries – you should have a list of who your beneficiaries are. This will help you remember to include anyone in the will and be able to decide who will inherit your property.
3. Appoint an executor – An executor is an important choice as they are the ones you entrust to handle your estate and distribute the property according to your wishes.
4. Choose a guardian – You have minor children, so it is important to choose a guardian who will be responsible for caring for and raising them. 
5. Make your will – when you have everything ready, you should now make your will, and the type of Will depends on the specific circumstances.
6. Signature – You should have your will signed in front of two witnesses who will have to sign the will as witnesses.
7. Store your will—You should make sure your will is stored in a safe location that is fireproof and waterproof, so it is safe and will not be destroyed. 

What Happens if I Don’t Have a Will?

When you do not have a will in Massachusetts, your property will be distributed according to Massachusetts intestacy laws, which provide that it will be distributed to your closest relatives, starting with your spouse and children.

In the event you do not have a spouse or children, the next ones on the list are your grandchildren or parents, followed by siblings, grandparents, aunts, and uncles. When the court exhausts the list of relatives and finds no relatives by either blood or marriage, the property will go to the state of Massachusetts. 

What Are the Requirements for Writing a Last Will and Testament in Massachusetts?

Every state has different requirements for making a Last Will and Testament. In Massachusetts, the requirements for writing a will are; –

1. Eighteen years of age—The testator must be 18 years of age or older to write a will.
2. Sound mind – you should have a sound mind with testamentary capacity as provided in Mass. Gen. Laws Ann. § 2-501
3. Hard copy – Your will should be written on actual paper.
4. Signature – Your will should be signed or acknowledged before two witnesses, who must also sign it as provided for under Mass. Gen. Laws Ann. § 2-502. Your witnesses should not have any interest in the will.

How Often Should You Review and Update Your Massachusetts Will?

You should review and update your Massachusetts will every two to three years or when a life-changing event occurs. These events can include marriage or divorce, the birth or adoption of a new child, or changes in financial status.

How to revise and update your Will in Massachusetts

You can revise and update your will in Massachusetts in two ways; –

• A codicil is an addition or amendment to some provisions of the will that form part of and read together with the will.
• By writing a new will that revokes all prior wills,

What Makes a Will Valid in Massachusetts?

You can make a will valid in Massachusetts by following the appropriate state laws for the following requirements to be met; –

• As the testator, you must sign the will themselves or by someone else under their direction.
• The testator’s signature must sign the will.
• The will must be printed and signed in hard copy.  

Can a Handwritten Will Be Valid in Massachusetts?

Yes, a handwritten will can be valid in Massachusetts as long as it meets all the legal requirements of a valid will.

The handwritten will is valid if two witnesses witness the testator signing and signing.

How Do I Sign My Massachusetts Will?

You should sign your Massachusetts will in front of two witnesses, and the two witnesses should sign your will. Your witnesses should not stand to get any inheritance from your will.

The witnesses stand to lose anything you leave them in your will by acting as a witness under Mass. Gen. Laws Ann. § 2-505

What Can I Include in an Online Will in Massachusetts?

When you create an online will in Massachusetts, it reaches a point where you have to decide on what to include in your online will. Here are some examples of what you can include in the online will; –

1. Your appointed executor
2. A guardian for the minor children
3. A list of your assets
4. A list of your beneficiaries
5. Your last wishes on what should happen to your assets

Types of assets covered in a Massachusetts will

There are various types of assets that should be covered in a Massachusetts will as below such as; –

• Real estate
• Personal belongings
• businesses

Can I Revoke or Change My Will in Massachusetts?

Yes, you can revoke or change your will in Massachusetts anytime. The will contains your wishes for what will happen to your assets and the distribution mode. You can, therefore, change your will in Massachusetts whenever you wish to revoke it.

How do you revoke or change your will in Massachusetts

You can revoke or change your will in Massachusetts through the following methods; –

• You can burn, tear or somehow destroy your will with the intent of revoking the will.
• Making a new will replaces your existing will, and the existing will is deemed revoked.
• Changing a will can be done through a codicil, a legal document that supplements or amends some will provisions. The codicil should be signed and witnessed, and it shall, after that, be attached to the existing will and form part of the will.  

Can I Make a Digital or Electronic Will in Massachusetts?

No, you can not make a digital or electronic will in Massachusetts. The law legalizing digital or electronic wills does not apply in Massachusetts.

Who Can Witness a Will in Massachusetts?

In Massachusetts, a will can be witnessed by any competent adult over the age of 18 years. 

Should My Will Name an Executor?

Yes, your will should name an Executor. An executor is the one who will handle the distribution of your assets to your beneficiaries according to your wishes.

You should choose an executor who is willing and capable of managing your estate as desired.

What are the Massachusetts Will executor requirements?

The basic requirements for being a will executor in Massachusetts are that you need to; –

• Be at least 18 years old
• Be of sound mind that is not adjudged incapacitated by a court.

What Happens to a Will After Death in Massachusetts?

After death in Massachusetts, a will is filed in court, which admits it and appoints the executor, who is responsible for distributing the estate according to the will. The court has a supervisory role.

What is the Impact of Marriage and Divorce on Your Massachusetts Will

In Massachusetts, a divorce revokes all the bequests to the ex-spouse, and a person’s marriage shall revoke a will made by that person before the marriage unless the will appears to have made a provision for a spouse. 

Do all wills in Massachusetts have to go through probate?

Not all assets go through probate in Massachusetts. Some assets do not need to go through the probate court, which are; –

• Jointly held assets
• Assets with a beneficiary designation
• Assets held in trust.

Is Massachusetts a community property state?

No, Massachusetts is not a community property state. Massachusetts follows equitable distribution rules where the court divides marital property equitably but not equally.

How is Massachusetts intestate succession done?

In Massachusetts, the intestate succession laws determine your heirs when you die without a valid will. The estate will be distributed to your relatives in an order starting with your spouse and children, grandchildren and parents, siblings, cousins, uncles, and aunties. The court will trace every relative, either related to you by blood or marriage. In the event none is found, the state will take your property.

How are estate and inheritance taxes in Massachusetts done?

There is no inheritance tax in Massachusetts. The estate tax in Massachusetts has a rule that any resident with an estate valued at more than $2 million must file an estate tax return.

What are the Differences Between a Simple Will and a Nuncupative Will in Massachusetts?

There are different types of wills in Massachusetts. However, the difference between a simple will and a Nuncupative will, which is known as an Oral will, is as follows –