✓ Verified June 2026
This guide covers Massachusetts estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Massachusetts law, verified as of June 2026.
In This Massachusetts Guide:
Massachusetts Will Requirements at a Glance
Here are the exact rules for making a valid will in Massachusetts:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a Massachusetts will to be valid. However, notarization is needed if you want to attach a self-proving affidavit under MGL c.190B § 2-504, which allows the will to be admitted to probate without locating or interviewing the witnesses. |
| Handwritten (holographic) will allowed | NO — Massachusetts does not recognize holographic (handwritten, unwitnessed) wills. The state deliberately omitted the UPC holographic will provision when adopting the Massachusetts Uniform Probate Code. A handwritten will is valid only if it meets the same execution requirements as any other will, including signatures by 2 witnesses (MGL c.190B § 2-502). |
| Self-proving affidavit available | YES — under MGL c.190B § 2-504, the testator and both witnesses may appear before a notary public and sign a sworn affidavit declaring that the will was executed voluntarily, that the testator is 18 or older, of sound mind, and under no constraint or undue influence. The affidavit may be attached at the time of execution or at any later date. A self-proving affidavit allows the probate court to admit the will without requiring live witness testimony. |
| Statutory will form | NO — Massachusetts does not offer a statutory fill-in-the-blank will form. There is no state-prescribed template. Any written document that meets the execution requirements of MGL c.190B § 2-502 (signed by the testator, signed by 2 witnesses) may serve as a valid will. |
What a Massachusetts Will Does (and Doesn’t Do)
A Massachusetts will allows you to name a personal representative (executor) to manage your estate, name a guardian for minor children, specify how your probate assets are distributed, make specific bequests of personal property and real estate, and create testamentary trusts. It controls only probate assets — property that passes through the court-supervised probate process.
What a Massachusetts will does NOT control: A Massachusetts will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with named beneficiaries, payable-on-death (POD) and transfer-on-death (TOD) accounts, jointly held property with rights of survivorship, and assets held in a living trust. Those assets pass directly to the named beneficiary or surviving co-owner regardless of what the will says.
Oral wills in Massachusetts: NO for most people — Massachusetts does not generally recognize oral (nuncupative) wills. A narrow exception under MGL c.191 § 6 allows a soldier in actual military service or a mariner at sea to dispose of personal property (not real estate) by oral will. This exception does not apply to civilians.
How to Update or Revoke a Massachusetts Will
A Massachusetts will may be amended by executing a codicil, which must meet the same formalities as a will — it must be in writing, signed by the testator, and signed by 2 witnesses (MGL c.190B § 2-502). For major changes, many attorneys recommend executing an entirely new will rather than a codicil.
A will may be revoked by executing a later will that expressly revokes the earlier one, or by a physical act such as burning, tearing, canceling, or destroying the will with the intent to revoke (MGL c.190B § 2-507). Divorce or annulment automatically revokes provisions in favor of a former spouse under MGL c.190B § 2-508.
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Other Massachusetts will-making rules: Massachusetts adopted the Uniform Probate Code (as MGL c.190B) but deliberately omitted UPC § 2-503’s harmless error doctrine, making it stricter than many UPC states — execution formalities must be followed closely.
Interested witnesses (beneficiaries) may witness a will, but any gift to a witness or their spouse is void unless 2 additional disinterested witnesses also signed or the interested witness proves the bequest was not the product of fraud or undue influence (MGL c.190B § 2-505). Massachusetts has not adopted the Uniform Electronic Wills Act, so electronic or digital wills are not valid.
The state uses a conscious presence standard for proxy signatures and witness attestation, requiring the testator to be aware of and able to comprehend what is occurring. Marriage after executing a will does not automatically revoke the will under the MUPC.
A will validly executed in another state may be probated in Massachusetts if it complied with the law of the place where it was executed, or the testator’s domicile, at the time of execution or death (MGL c.190B § 2-506).
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Understanding Massachusetts Estate Planning
Getting started with Massachusetts estate planning is the single best gift you can give your family. A valid Massachusetts will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Massachusetts estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Massachusetts estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Massachusetts Sources & Resources
- Massachusetts Court Self-Help: https://www.mass.gov/probate-of-wills-and-estates
- Massachusetts Wills Statute: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Massachusetts will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Massachusetts Wills & Probate Guides
- Massachusetts Probate Process
- Dying Without a Will in Massachusetts
- Massachusetts Estate & Inheritance Tax
- Massachusetts Small Estate Affidavit
- Massachusetts Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.