If you live in Massachusetts and don’t yet have a will, you’re not alone. But you may be unprotected. A will is more than a formality. It’s the cornerstone of an estate plan that protects your loved ones, controls how your assets are handled, and helps you avoid confusion, conflict, and unnecessary court intervention.
Whether you’re just starting your estate planning in Massachusetts or updating an older document, here’s why a will still matters and what it can and cannot do.
What Happens Without a Will?
If you die without a will in Massachusetts, your estate is considered intestate. That means the state’s default laws decide who inherits what, and the outcome might surprise you.
For example, your spouse may be required to split the estate with your children or even your parents. If you’re unmarried but have a long-time partner, they could be left with nothing.
A will ensures your wishes, not the state’s default plan, determine who receives your property, cares for your children, and carries out your final instructions.
A Will Lets You Choose a Guardian
One of the most important reasons to have a will is the ability to name a legal guardian for your minor children. If you don’t, the court will choose, and it could be someone you would not have picked.
Naming a guardian in your will gives you the power to decide who will raise your children if something happens to you. It’s one of the most loving and responsible choices you can make for your family.
Learn more about naming a guardian in your will.
A Will Names Your Personal Representative
Massachusetts law allows you to name a personal representative, the person who will manage your estate, pay your debts, and distribute your property.
Without a will, the court appoints someone. That person may not be your first (or even second) choice. By clearly naming a personal representative, you give someone you trust the authority to handle things smoothly and efficiently.
A Will Can Address Real Estate and Digital Assets
If you own real estate, your will can say exactly who should receive it. Without that instruction, property ownership can become tangled, especially among blended families or multiple heirs.
You can also use your will to address digital assets, such as online accounts, cryptocurrencies, and cloud storage. In Ajemian v. Yahoo!, the Massachusetts Supreme Judicial Court made it clear that digital estate planning matters. Your will is your chance to be clear about who should (or shouldn’t) access your digital life.
What Makes a Will Valid in Massachusetts?
To create a valid Massachusetts will, the document must meet specific requirements:
- It must be in writing.
- It must be signed by the person making the will.
- It must be witnessed by two competent people.
You can also add a self-proving affidavit, which helps the probate process go more smoothly by eliminating the need to locate your witnesses later on.
Want to know if your current plan meets the valid Massachusetts will requirements? We’re happy to review it with you.
When a Will Isn’t Enough
It doesn’t avoid probate. It doesn’t help if you become incapacitated. And it can’t manage your assets while you’re alive. That’s where additional planning tools come in.
A revocable living trust can help you avoid probate and manage your assets both before and after death. A durable power of attorney allows someone to act on your behalf if you’re incapacitated. A health care proxy gives someone you trust the authority to make medical decisions for you.
If you’re not sure whether you need just a will or a broader plan, we can help you decide.
Why Estate Planning in Massachusetts Requires More Than Just a Will
Every adult in Massachusetts should have a will. But for many people, a simple will isn’t enough. If you want to keep your estate out of court, protect your privacy, or prepare for incapacity, you may need a more comprehensive estate plan.
Our team helps individuals and families across Massachusetts create customized plans that match their goals, values, and life circumstances.
Let’s Build a Plan That Fits
Your will is more than just paperwork. It’s your voice, your legacy, and your peace of mind. Whether you’re updating an old document or starting from scratch, we’ll help you create a plan that protects your loved ones and reflects your wishes.
At Jordan & White, we believe that thoughtful planning leads to a great life for you and the people you care about most.
Schedule your estate planning consultation today and make sure everything, and everyone, is covered.