Deep in Debt?

We can help you pay it off

$1,000$100,000+

Wills in Massachusetts - Why Make One & How to Do it

Planning the distribution of your assets and properties is an important event. If you don't do it right, the fruits of all your life's effort will go into the hands you didn't plan for.

Don't worry. There are legally binding solutions that you can opt for - one such effective solution is making a Will in Massachusetts.

Why Make a Will in Massachusetts?

Will is a legally binding document that allows you to make your wishes regarding the distribution of your property precise and clear, with no room for interpretation.

Thus, you can be sure that your assets and property will be distributed to the people or organizations you want after your death.

A Will also lets you name a guardian to care for your minor children in the event of unforeseen and unfortunate death of you and your partner. For more peace of mind, you can also name an executor who will ensure that the terms of your Will are carried out exactly as you want.

What if someone doesn't make a Will to dispose of their property? Your assets will be distributed according to the Massachusetts law of intestate succession.

According to the law, your property will go to your closest relatives, like your surviving spouse and children.

Your grandchildren or parents will get your property if you don't leave behind a spouse or children. If none exist, Massachusetts will seek other relatives like siblings, grandparents, aunts and uncles, cousins, and nieces and nephews.

In case no next of kin is found, it's the state who'll get your property.

What Properties to Keep Out & What to Include in a Will?

Some properties don't need a Will to be distributed to your chosen loved ones. These include -

  • Property owned in joint tenancy with right of survivorship.
  • Property owned as tenants in the entirety.
  • The money is from a life insurance policy and a retirement account.
  • Assets in a revocable living trust.

What can you include in a Will -

  • Buildings, land, and real estate.
  • Cash, including savings, money market, and other accounts.
  • Stocks, bonds, patents, copyrights, intellectual property, royalties, etc.
  • Cars, paintings, jewelry, furniture, etc.
  • You can also list the people who will get your "residuary estate," which are the things you don't leave to anyone.

Requirements for a Valid Will in Massachusetts

Who Can Make a Will

Anyone at least 18 years of age and sound mind are legally entitled to make a Will for themselves.

Signature

To make your Will valid, you must sign it in the presence of at least two competent disinterested witnesses (meaning they do not stand to inherit anything from the Will).

A Will is also deemed valid if the witnesses observe the testator's acknowledgment of the signature or the Will. If the testator can't sign the Will, it can be done by someone else in the testator's conscious presence.

The two witnesses also need to sign the Will.

Writing Requirements

You have to write your Will on paper, and it can't be on a video, audio file, or any other digital file. Massachusetts does not permit handwritten (holographic) wills.

Making a Will in Massachusetts

Decide How You Want to Create Your Will

You can make your own Will by downloading and using sample legal forms or taking the help of an attorney. We always recommend working with an attorney when making a Will, especially if your estate is vast and complex.

An attorney can help make an estate plan, create a foolproof Will, and, if necessary, help establish a trust.

Appoint an Executor

An executor is a person who oversees the probate process, the distribution of the testator's property, and the payment of your debts and taxes.

The person you choose as your representative does not need specific training, as they can always hire a professional to help. But ensure that the person you have in mind is trustworthy and willing to carry out the responsibilities.

Make a List of Your Assets & Decide Who'll Get What

Make a list of assets that you want to include in your Will. Making such a list will lower your chances of forgetting to include any property in your Will.

You should also list the debts you think you won't be able to fulfill before your death. Those obligations will be adjusted against your overall estate, and you can leave specific instructions in your Will about how to take care of these liabilities.

Hence, it's better to pay off your debts before you die to avoid lowering the value of your property.

After figuring out and arranging all the assets, decide who'll get what and clarify the terms to avoid conflict. Along with primary beneficiaries, you should also name alternate heirs.

Guardianship for Minors

It's less likely, but you and your partner may die simultaneously or, for some reason, after your death, your partner may not be there to take care of your minor children. In that case, you want someone to take the caretaker role.

To ensure that happens, you can name a guardian for your minor children in your Will.

However, before nominating someone as a guardian, you should talk to them and ensure they're ready and capable of taking responsibility.

If you leave assets to children or young adults who are minors, you can appoint an adult to look after their inheritances. To give that person authority, you can name that person as a property guardian or a trustee.

Assign a Guardian for Your Pet

If you have a cat, dog, or any other pet, you can include a provision in your Last Will detailing who should take responsibility for them and any special care instructions.

As with any guardian for minor children, you should speak with your chosen pet guardians before including them in your Will.

The Probate Process in Massachusetts

When you have a Will, probate is necessary - it is a court-supervised process that validates your Will (if you have one) and approves your named executor.

If your Will is deemed valid, the executor can get on with their responsibilities. They'll locate and assess the total value of your estate. Once done, taxes and debts are paid, and the estate's remaining value is distributed to the beneficiaries.

This process becomes more complex without a Will or if the Will gets deemed invalid. The probate court decides how to handle proceedings and makes all decisions for you.

How Long Does Probate Take?

The probate process usually ends in less than a year; however, in some cases, where the process is met with conflicts and objections or the assets involved are complicated, it can take longer.

For smaller estates, the probate should prove easy to get through as Massachusetts offers such estates the leeway of simplified probate.

To qualify, the testator's estate must meet these requirements:

  • There's no real estate.
  • The property left behind by the deceased person is worth less than $25,000 (aside from one vehicle).
  • 30 days have passed since the death.
  • The value of the exempt property, the family allowance, probate costs, funeral costs, and the medical expense of the last illness do not go over the estate's value.
  • No petition seeking probate of a Will or appointment of a personal representative was filed.

How to Avoid Probate in Massachusetts?

There are three ways to avoid probate -

  • Name a Beneficiary on Your Accounts: You can avoid probate in Massachusetts by naming a beneficiary or joint owner on your accounts, such as bank and retirement accounts.
  • Create a Living Trust: Establishing a living trust, specifying how you want your assets to be distributed upon death, can help you avoid probate in Massachusetts.
  • Name a Joint Owner on Your Property: You can automatically transfer assets such as real estate and personal property to joint owners, avoiding the probate process.

Why Make a Will When You Can Avoid Probate With a Living Trust?

The benefits of a living trust, like no need for probate, come with hefty upfront fees and expenses. So, a Will is the best and the most efficient choice for small estates with easily transferred assets and simple bequests.

However, if a person's assets are large and complex, they might be better off making trust and a Will.

Trust and a Will can complement each other, allowing swift asset transfers, maintaining confidentiality concerning sensitive assets and directives, and preventing intestacy concerning assets that you may forget to include in a trust or dispose of using other arrangements.

If you want to know more about making a living trust in your state, we have dedicated legal resources about trusts that you can give read.

Can I Change My Will in Massachusetts?

Yes, you can. If you make your Will now, there is a chance it may need to be changed as the circumstances of your life shift. For example, changes in your relationship or marital status, death of your spouse, having a child, change in an estate, or a change of heart all these situations demand a change in Will.

How to Change Your Will?

If the changes are few, you can update your existing Will by signing a codicil that acts as a minor modification or addendum. You can write down any changes, sign, and date the codicil document.

But if there are significant changes, you should write a new Will to eliminate the old one. To make the new Will valid, you'll need to do the same things you did with the first one.

Updated on:

Was this page helpful?

  • expertise badge
  • This site is verified as a Trusted Site by Best of the Web
  • TrustLink logoTrustLink logo
  • Customer ratings on BBB
  • IAPDA logo
  • Calchamber Member
  • Calbar Registered
  • D&B
  • Godaddy
  • yelp logo