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Estate plan requirements
Everything your estate plan needs to be valid in Massachusetts: execution requirements, statutory citations, and the exact wording each document requires.
| Document | Witnesses | Notary |
|---|---|---|
| Will | 2 required | Recommended |
| Living trust | None required | Recommended |
| Power of attorney | None required | Recommended |
| Healthcare directive | 2 required | Not required |
We are reviewing Massachusetts’s rules for online legal document services and have paused generating documents governed by Massachusetts law while that review is under way.
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
Certification of trust: M.G.L. c. 203E §1013
Massachusetts lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. The same section also says what happens if someone demands the trust itself anyway. M.G.L. c. 203E §1013(h) provides that a person making a demand for the trust instrument, in addition to a certification of trust or excerpts, shall be liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.
Witnesses: None required
No witnesses required for power of attorney
Notarization: Recommended
Notarization is not legally required but is recommended, so banks and other third parties are more likely to accept it.
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
Document generation is currently unavailable for Massachusetts, including these.
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. The free packet includes it too whenever it has a healthcare directive.
In this state: Cites the MA sensitive-category statutes the authorization can release (c. 111 §70F HIV, c. 123 §36 mental health, c. 111 §70G genetic), and states c. 233 §20B as what it is, a testimonial privilege in court, legislative and administrative proceedings, with an express non-waiver rather than a purported release. The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.
Designation of Guardian and 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, but a remote act is not simply the same certificate performed over video. M.G.L. c. 222 §28(e) provides that where a notarial act is performed remotely, the certificate of notarial act required by §15 shall INDICATE THAT THE NOTARIAL ACT WAS PERFORMED REMOTELY USING COMMUNICATION TECHNOLOGY and shall IDENTIFY THE VENUE as the county within the commonwealth where the notary public was physically located while performing the act. The acknowledgment blocks in this packet carry neither recital, so a remote notary must complete or attach the §28(e) certificate instead of signing the block as printed. M.G.L. c. 222 §28(o) adds a limit that reaches a power of attorney used to convey the home: with respect to any document executed in the course of a closing, as defined in M.G.L. c. 221 §46E, involving a mortgage or other conveyance of title to residential real property, ONLY a notary public who is an attorney licensed to practice law in the commonwealth, or a non-attorney under the direct supervision of (or acting on the direct request of) the attorney directing or managing the closing, may perform a notarial act using communication technology, and the certificate must recite that attorney's board of bar overseers registration number. A trust or POA notarized remotely by a notary who is not within §28(o) may be refused at a residential closing.
Will
Not allowed
Trust
Allowed
POA
Allowed
For the paper documents Will.com produces, Massachusetts does not allow remote online witnessing. 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.
Document generation isn’t currently available in Massachusetts.