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How do I make a valid will in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Massachusetts wills are governed by the Massachusetts Uniform Probate Code (MUPC), M.G.L. Chapter 190B.

1. Testator Requirements

  • Age: 18 or older (M.G.L. c. 190B § 2-501).
  • Capacity: Sound mind.

    • 2. Witness Requirements — Attested Will (§ 2-502)

  • In writing.
  • Signed by the testator (or by another in the testator's conscious presence and by the testator's direction).
  • Signed by at least 2 individuals, each of whom witnessed the signing or the testator's acknowledgment of the signature or of the will.

    • 3. Notarization

    Not required for validity. A self-proving affidavit under § 2-504 (notarized) avoids the need for live witness testimony at probate.

    4. Holographic and Nuncupative Wills NOT Recognized

    Massachusetts does not recognize holographic wills or oral wills, even if entirely in the testator's handwriting.

    5. Foreign Wills

    A will valid under the law of the place where executed or where the testator was domiciled is recognized in Massachusetts (§ 2-506).

    6. Interested Witnesses

    Massachusetts abolished the interested-witness rule under the MUPC (§ 2-505) — a beneficiary may witness without losing the gift.

    7. Intestacy (No Will)

    M.G.L. c. 190B § 2-102: Spouse and all descendants from this marriage and no other descendants of the spouse — spouse takes all. Spouse + descendants from outside the marriage — spouse takes first $100,000 + 1/2 of balance.

    8. Small Estate Threshold

    Voluntary administration (M.G.L. c. 190B § 3-1201) is available for estates of personal property only valued under $25,000 (excluding one motor vehicle), after a 30-day waiting period.

    9. MA Estate Tax

    Massachusetts has an estate tax with a $2 million exemption (effective 2023). Plan to minimize Massachusetts estate tax even if federal exemption is not exceeded.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your estate exceeds the $2M MA estate tax threshold
    • You moved here with a holographic will
    • You want to set up a credit shelter trust
    Related Statutes & Laws
    • M.G.L. c. 190B § 2-501
    • M.G.L. c. 190B § 2-502
    • M.G.L. c. 190B § 2-504
    • M.G.L. c. 190B § 2-506
    • M.G.L. c. 190B § 2-102
    • M.G.L. c. 190B § 3-1201

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.