MA · Will Requirements
Will Requirements in Massachusetts (2026)
A will in Massachusetts requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. Massachusetts does not accept handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by Mass. Gen. Laws ch. 190B §2-502.
Here's what Massachusetts says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in Massachusetts require?
| Requirement | Massachusetts rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | Mass. Gen. Laws ch. 190B §2-502 |
| Probate threshold | $25,000 |
| Property system | Common law |
| State estate tax | Yes |
| State inheritance tax | No |
How do you make a will legally valid in Massachusetts?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in Massachusetts, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in Massachusetts. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what MA law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
Massachusetts requires 2 witnesses to make your will valid. Good news: Massachusetts doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
Massachusetts supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
Massachusetts does NOT accept holographic (handwritten) wills, so put down the napkin and the crayon. Electronic wills aren’t recognized in Massachusetts yet, so you’ll need actual paper like it’s 1995.
What Massachusetts law says about your stuff
Under Mass. Gen. Laws ch. 190B §2-502, if you die without a will in Massachusetts, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in Massachusetts isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in Massachusetts?
An attorney in Massachusetts averages $1,200 (range $800-2500). Killswitch charges $69, once, with no subscription.
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What else do people ask about wills in Massachusetts?
How many witnesses do I need for a will in Massachusetts?
Massachusetts requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does Massachusetts require a notary for wills?
No, Massachusetts doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in Massachusetts?
No, Massachusetts does not recognize holographic (handwritten) wills. Your will needs to be typed and properly witnessed to be valid.
What is the minimum age to make a will in Massachusetts?
You must be at least 18 years old to make a will in Massachusetts. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other Massachusetts documents do you need?
Do you need a Massachusetts healthcare directive?
Massachusetts requires 2 witnesses for healthcare directives. Notarization is required.
What does estate planning in Massachusetts cover?
Everything MA residents need to know about estate planning, without the lawyer-speak or the $1200 attorney bill.
Do you need a Massachusetts power of attorney?
Massachusetts POAs are durable by default. Notarization required.
How do the rules compare in nearby states?
Create Your Massachusetts Will Before It's Too Late (Literally)
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Look, we're not lawyers (we're way more fun at parties). This is educational content about Massachusetts laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
