Life gets busy, and planning for the future often falls to the bottom of the list. A valid will puts your wishes on paper and keeps your family from guessing. At Jordan & White, LLC, we have served Massachusetts families for 13 years, and we have seen how a clear plan can save time, money, and stress. Use this checklist to build a will that stands up in court and truly reflects what you want.
Our firm handles wills, trusts, probate, and real estate day in and day out. The checklist below walks you through the legal must-haves, plus practical tips you can act on right away.
Why a Will Matters in Massachusetts
A will lets you decide who receives your assets after your death. You can make gifts to loved ones, friends, or charities, and you can choose how shares are split.
A will also lets you name guardians for minor children. That choice, written clearly, prevents confusion and conflict during an already hard time.
A solid will makes probate easier for your family, and it cuts down on court delays. If you pass without a will, Massachusetts intestacy rules control under MGL c. 190B, §§ 2-101 et seq., which can distribute property in a way that does not match your wishes.
With that context in mind, let’s cover the specific requirements your will must meet in the Commonwealth.
Checklist for a Valid Will in Massachusetts
Massachusetts follows the Uniform Probate Code with a few local twists. The points below match state law and common best practices.
1. Meeting the Basic Requirements
You must be at least 18 years old under Mass. Gen. Laws § 2-501. That part is simple, but it is the starting line for every valid will.
You also need to be of sound mind. In plain terms, you should understand you are signing a will, what you own, and who your natural heirs are.
Next, confirm that the document is prepared in the correct form.
2. Formal Writing and Signature
Your will must be in writing. Massachusetts does not accept oral wills.
You need to sign the will yourself. If you cannot, another person can sign for you while you are present and at your direction.
Once the document is signed, Massachusetts adds one more step involving witnesses.
3. Witness Requirements
Two competent witnesses must observe you sign, then they sign as well, per Mass. Gen. Laws § 2-502. They should be in your presence during the signing or acknowledgment.
Use disinterested witnesses when possible. Under Mass. Gen. Laws § 2-505, a witness who stands to receive a gift can trigger headaches, and their gift can be affected.
Massachusetts does not accept holographic wills, which are handwritten wills without witnesses. Electronic-only wills are not recognized either.
Although not required, notarization can make probate faster. That is where a self-proving affidavit helps.
4. Notarization (Optional but Recommended)
Notarization is not required for a valid will in Massachusetts. Your will still stands without it.
You can attach a self-proving affidavit under Mass. Gen. Laws § 2-504. This short notarized statement from you and the witnesses makes it easier for the court to accept the will without tracking down witnesses later.
Here is a simple way to handle a self-proving affidavit at your signing.
- Schedule a notary to attend the same time as the will signing.
- Sign the will in front of your two witnesses, then all three of you sign the affidavit before the notary.
- Staple the affidavit to the original will and keep them together.
With execution handled, turn to the content inside the will.
5. Clearly Define Devisees and Assets
Identify devisees (beneficiarie) by full name and relationship where helpful. Avoid nicknames that could confuse the court or your family.
Spell out who receives what. You can give specific items, dollar amounts, or percentages of your residuary estate.
Use the tips below to keep distributions clean and easy to follow.
- List backups for each gift in case a devisee dies before you.
- Describe unique items, like heirlooms, with enough detail to avoid mix-ups.
- For shared gifts, state exact percentages that add to 100.
Once gifts are clear, pick the person who will carry out your instructions.
6. Appoint a Personal Representative
Name an executor, called a personal representative in Massachusetts, to manage your estate and follow the will. Choose someone organized and calm under pressure.
Always name a backup. Life happens, and the alternative can step in if your first choice is unwilling or unavailable.
Certain family situations call for a few more choices in your document.
7. Consider Specific Circumstances
Leaving out a spouse does not prevent them from receiving a share. Under MGL c. 191, § 15, a surviving spouse has a statutory right to claim a portion of the estate.
You are not required to include children. That said, think about how you want to handle a child who is omitted, or one who needs special care or services.
Add language for children born after the will is signed. This avoids accidental disinheritance and keeps your plan consistent.
With your plan set, decide where the original will be kept and how you will keep it current.
8. Safekeeping and Review
Store the original in a safe, accessible spot, and tell your personal representative where it is. A fireproof home safe or your attorney’s vault both work.
Plan on periodic reviews and updates after life changes. Small edits can be done with a codicil, though a fresh will is often cleaner.
Common triggers for an update are listed below. A short meeting now often prevents big problems later.
- Marriage, divorce, or a new long-term partner
- Birth or adoption of a child or grandchild
- Move to a new state, or a significant change in assets
- Death or a change in the circumstances of a devisee or personal representative
The chart below gives you a quick snapshot of the formalities we just covered.
Massachusetts Will Formalities at a Glance
| Requirement | Massachusetts Rule | Source |
| Minimum age | 18 | Mass. Gen. Laws § 2-501 |
| Capacity | Sound mind, understands act, assets, and heirs | Common law interpretation |
| Form | Written on paper | Mass. Gen. Laws § 2-502 |
| Signature | By testator, or by another at testator’s direction and presence | Mass. Gen. Laws § 2-502 |
| Witnesses | Two competent witnesses sign | Mass. Gen. Laws § 2-502 |
| Interested witnesses | Use disinterested if possible to avoid issues | Mass. Gen. Laws § 2-505 |
| Holographic or oral wills | Not recognized | Mass. Gen. Laws § 2-502 |
| Notarization | Not required | N/A |
| Self-proving affidavit | Allowed to speed probate | Mass. Gen. Laws § 2-504 |
With the legal checklist in place, it helps to know what happens if there is no will at all.
What Happens If You Die Without a Will?
If you die without a will, state law controls who gets your property. The probate court follows Massachusetts intestacy rules and pays out to your closest relatives.
Generally, property goes first to a spouse and children, then to parents, siblings, and more distant kin. If the court finds no eligible heirs, the state can take your property as a last step.
Many families are surprised by these default shares, which is why a simple will can make a world of difference.
Beyond the Will: Essential Estate Planning Documents
A will handles gifts and guardians, but a full plan covers illness or injury as well. These documents work with your will to round out protection for you and your family.
A health care proxy lets you name someone to make medical decisions if you cannot. You can also state treatment preferences through a living will-style instruction, which guides your proxy and doctors.
A Durable Power of Attorney gives a trusted person authority to handle bills, banking, taxes, and legal matters if you become incapacitated. Those three tools, paired with your will, cover most families’ needs.
Here is a short checklist you can use with your will signing.
- Health Care Proxy with contact info for your agent and backup
- Durable Power of Attorney with clear start date and broad powers
- Living will instructions about end-of-life care and life support
If you own real estate or have privacy concerns, a revocable living trust can also help with probate avoidance and smooth management during incapacity.
Need Assistance with Your Will? Contact Us Today
At Jordan & White, LLC, we work to protect your wishes and make the process simple to follow. For 13 years, we have helped Massachusetts families prepare wills, trusts, and the documents that support them.
We welcome your questions, and we offer clear guidance based on your goals. Call 978-309-2426 or reach us through our Contact Us page to schedule a consultation with a knowledgeable attorney.
If your plan is half-finished, or you have no documents at all, let’s fix that together. A short meeting can turn worry into a workable plan. Feel free to call us, and get peace of mind on paper.