How to Make a Will in Massachusetts (2026 Guide)

A will made in Massachusetts must be signed by you and by 2 witnesses to be valid. Yes (Mass. Gen. Laws ch. 190B, § 2-504). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Massachusetts will covers, generated from the same rules.

Make my free Massachusetts will

Massachusetts will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Mass. Gen. Laws ch. 190B, § 2-502
Financial POA statute	Mass. Gen. Laws ch. 190B, §§ 5-501 to 5-507 (durable power of attorney)
Healthcare directive statute	Mass. Gen. Laws ch. 201D (health care proxy); Massachusetts has no living will statute

Witnesses

Two witnesses. The will must be 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 two individuals, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Mass. Gen. Laws ch. 190B, § 2-502). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mass. Gen. Laws ch. 190B, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Do you need a notary in Massachusetts?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Mass. Gen. Laws ch. 190B, § 2-504). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Massachusetts

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be 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 two individuals, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Mass. Gen. Laws ch. 190B, § 2-502). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mass. Gen. Laws ch. 190B, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Mass. Gen. Laws ch. 190B, § 2-504). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Massachusetts allows a testator (or the testator's agent) to deposit a will with the probate and family court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (Mass. Gen. Laws ch. 190B, § 2-515). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take: if the decedent left descendants, one-third of the personal property and one-third of the real property; if the decedent left kindred but no descendants, $25,000 plus one-half of the remaining personal and real property; if no kindred, $25,000 plus one-half outright. Where the share exceeds $25,000, the excess is held as a life income interest only (Mass. Gen. Laws ch. 191, § 15).

Homestead

No special restriction on devising a homestead by will; a declared homestead exemption of $500,000 protects the home from most creditors and continues for the surviving spouse (Mass. Gen. Laws ch. 188).

If you die without a will in Massachusetts

If you die without a will in Massachusetts, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If either you or your spouse have descendants who are not the other's, the spouse takes the first $100,000 plus half (Mass. Gen. Laws ch. 190B, §§ 2-102, 2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in Massachusetts

• Durable financial power of attorney: Mass. Gen. Laws ch. 190B, §§ 5-501 to 5-507 (durable power of attorney). Massachusetts imposes few formalities: a durable power of attorney must be in writing, signed by the principal, and contain durability language (Mass. Gen. Laws ch. 190B, § 5-501). Because banks and registries expect it, sign before a notary public and two adult witnesses who are not the agent. A notarized power is required to record the instrument at the registry of deeds for real estate.
• Advance healthcare directive: Mass. Gen. Laws ch. 201D (health care proxy); Massachusetts has no living will statute. A health care proxy must be signed by the principal (or at the principal's direction) in the presence of two adult witnesses, who also sign and affirm that the principal appeared to be at least 18, of sound mind and under no constraint or undue influence; the appointed agent may not be a witness (Mass. Gen. Laws ch. 201D, § 2). Notarization is not required. Massachusetts has no living will statute; treatment wishes stated in the proxy guide the agent but are not separately binding.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Mass. Gen. Laws ch. 190B, § 2-513).

Massachusetts notes

• Massachusetts has no living will statute; the health care proxy (ch. 201D) is the binding instrument, and written treatment wishes are guidance to the agent.
• Massachusetts does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Massachusetts?

Massachusetts requires 2 witnesses (Mass. Gen. Laws ch. 190B, § 2-502). Two witnesses. The will must be 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 two individuals, each of whom witnessed either the signing or the testator's acknowledgment of the signature or of the will (Mass. Gen. Laws ch. 190B, § 2-502). Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (Mass. Gen. Laws ch. 190B, § 2-505); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence, but signing together in one sitting is the safest practice.

Does a will need to be notarized in Massachusetts?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Massachusetts have a self-proving affidavit?

Yes (Mass. Gen. Laws ch. 190B, § 2-504). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Massachusetts?

Massachusetts does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Massachusetts?

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take: if the decedent left descendants, one-third of the personal property and one-third of the real property; if the decedent left kindred but no descendants, $25,000 plus one-half of the remaining personal and real property; if no kindred, $25,000 plus one-half outright. Where the share exceeds $25,000, the excess is held as a life income interest only (Mass. Gen. Laws ch. 191, § 15).

What happens if I die without a will in Massachusetts?

If you die without a will in Massachusetts, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $200,000 plus three-quarters of the balance. If either you or your spouse have descendants who are not the other's, the spouse takes the first $100,000 plus half (Mass. Gen. Laws ch. 190B, §§ 2-102, 2-103). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in Massachusetts?

Massachusetts has no statute on no-contest clauses in wills. Massachusetts courts have enforced them even against good-faith contests (Rudd v. Searles, 262 Mass. 490 (1928)), but construe them narrowly. Treat enforceability as likely but uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.