Estate plan requirements
Everything your estate plan needs to be valid in Massachusetts: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
| Document | Witnesses | Notary |
|---|---|---|
| Will | 2 required | Recommended |
| Living trust | None required | Recommended |
| Power of attorney | None required | Recommended |
| Healthcare directive | 2 required | Not required |
Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Massachusetts.
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Massachusetts content last reviewed May 18, 2026.
Chapter 2 of the Acts of 2023 permanently authorizes remote online notarization, but wills, trusts, and documents related to court proceedings remain excluded and still require in-person notarization.
Mass. Gen. Laws ch. 190B, §2-501 et seq.
Witnesses: 2 required
Two competent witnesses must sign after witnessing either the testator's signing of the will or the testator's acknowledgment of that signature or of the will; the witnesses do not need to be present together at the same time (M.G.L. c. 190B §2-502). INTERESTED WITNESS WARNING: a devise to a witness or to the spouse of a witness is void UNLESS either (a) there are at least 2 other subscribing witnesses who are not similarly benefited, or (b) the interested witness establishes that the bequest was not inserted, and the will was not signed, as a result of fraud or undue influence by the witness (M.G.L. c. 190B §2-505(b)). Use disinterested witnesses; do not have a named beneficiary, the spouse of a beneficiary, or any person who would take under this Will sign as a witness.
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Massachusetts does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
M.G.L. c. 190B §2-504 provides TWO statutory forms. (a) is the simultaneous self-proving form (testator and witnesses execute the affidavit at the same sitting as the will, with first-person testator and witness declarations preceding the officer's certificate). (b) is the subsequent self-proving form (used to retrofit an already-attested will). Either form requires the affidavits to be made before an officer authorized to administer oaths and to be evidenced by the officer's certificate under official seal. Will.com renders a combined testator-and-witness affidavit at execution, followed by the officer's certificate.
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Witnesses: None required
No witnesses required for power of attorney
Notarization: Recommended
Notarization is not legally required but is recommended. It creates a presumption of genuine signature and simplifies third-party acceptance.
State-specific notes
Mass. Gen. Laws ch. 201D §1 et seq.
Witnesses: 2 required
Two witnesses required. Mass. Gen. Laws ch. 201D, §2
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites the MA sensitive-category statutes (c. 111 §70F HIV, c. 123 §36 mental health, c. 233 §20B psychotherapist-patient, c. 111 §70G genetic). The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. paid
| Free | Paid | |
|---|---|---|
| All 4 state-specific documents | Included in free | Included in paid tier |
| State-specific signing guide | Included in free | Included in paid tier |
| Download as PDF, print forever | Included in free | Included in paid tier |
| Secure online storage | Not in free | Included in paid tier |
| Covers real estate, business, digital, and funeral wishes | Not in free | Included in paid tier |
| Disposition of remains authorization | Not in free | Included in paid tier |
| Standalone HIPAA authorization | Not in free | Included in paid tier |
| Nomination of conservator | Not in free | Included in paid tier |
| Business succession declaration | Not in free | Included in paid tier |
| Real-estate retitling checklist | Not in free | Included in paid tier |
| Special needs trust provisions | Not in free | Included in paid tier |
| Letter of instruction, pre-filled and editable | Not in free | Included in paid tier |
| Edit anytime | Not in free | Included in paid tier |
| Annual review reminder | Not in free | Included in paid tier |
Massachusetts has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Massachusetts has not adopted RUFADAA. Executor access to digital accounts may be limited by each provider’s terms of service. Consult a local attorney for guidance on digital asset planning.
Massachusetts authorized RON in 2023. Massachusetts permanent RON was enacted by Acts of 2023 c. 2 §§23-33 (effective January 1, 2024 for §§27-29; remaining sections 90 days after the March 29, 2023 approval) and is codified within M.G.L. c. 222. M.G.L. c. 222 §28(c) statutorily excludes wills and codicils from RON. Trusts are NOT enumerated in §28(c) and may be notarized via RON. The will and any codicil must be notarized in physical presence; the trust and POA may be notarized via RON if the user prefers.
Will
Not allowed
Trust
Allowed
POA
Allowed
Massachusetts does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Massachusetts for guidance specific to your situation.
Make a Massachusetts will
Free last will and testament, valid in Massachusetts.
Massachusetts healthcare directive
Name your medical decision-maker and treatment wishes.
Massachusetts power of attorney
Name someone to handle finances if you can't.
Massachusetts living trust
Skip probate and keep your estate private.