Massachusetts wills
How to make a will in Massachusetts
What Massachusetts law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Massachusetts will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | No |
| File your will with the court while living | Available |
| State estate or inheritance tax | Estate tax over $2,000,000 |
How to sign a will in Massachusetts
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (M.G.L. c. 190B §2-504)
- Store the original safely and tell your executor where it is. Massachusetts also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
In writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least 2 individuals, each of whom witnessed the signing or the testator's acknowledgment of the signature or the will (c. 190B §2-502). No time limit and no each-other presence rule.
If a witness inherits: A gift to a witness or the witness's spouse is void unless 2 other subscribing witnesses take no similar benefit, or the witness proves the gift wasn't the result of fraud or undue influence; the will itself stays valid (c. 190B §2-505(b)).
Handwritten wills
Not recognized: §2-502 has no holographic provision and §2-503 is reserved.
Self-proving affidavit
Massachusetts lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (M.G.L. c. 190B §2-504)
Can I sign my will online in Massachusetts?
No. No electronic-will or remote-witnessing statute found.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: §28(c): a notary may not use communication technology to notarize a will, codicil, or document purporting to be a will or codicil. (M.G.L. c. 222 §28 (St. 2023, c. 2, §33))
Good to know in Massachusetts
Use 2 disinterested witnesses: Massachusetts kept a version of the interested-witness penalty instead of the UPC's no-effect rule. Wills may be deposited with any court for safekeeping under court rules (c. 190B §2-515).
Estate and inheritance taxes
Massachusetts has a state estate tax on estates worth more than about $2,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Massachusetts will questions
Does a will need to be notarized in Massachusetts?
No. Two witnesses make a Massachusetts will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Massachusetts?
Not recognized: §2-502 has no holographic provision and §2-503 is reserved.
Can a beneficiary witness a will in Massachusetts?
A gift to a witness or the witness's spouse is void unless 2 other subscribing witnesses take no similar benefit, or the witness proves the gift wasn't the result of fraud or undue influence; the will itself stays valid (c. 190B §2-505(b)).
Can I make a will online in Massachusetts?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Massachusetts doesn't allow electronic wills, so the will must be signed on paper.
Does Massachusetts have an estate or inheritance tax?
Massachusetts has a state estate tax on estates worth more than about $2,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against Massachusetts statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Massachusetts attorney.
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