Massachusetts Last Will and Testament

What Is a Last Will and Testament?

Massachusetts defines a will as “includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.” (190B § 1-201(57))

Requirements

To execute a valid will, individuals must:

• The testator must be at least 18 years old and of sound mind. (190B, § 2-501)
• The will must be in writing. (190B, § 2-502)
• At least two individuals who sign within a reasonable time must witness the signing. (190B § 2-502)

Filing

Massachusetts does not mandate filing a will during the testator’s lifetime. After death, the will must be filed with the probate court to initiate estate administration.

Sources

1. 190B § 1-201(57)
2. 190B, § 2-501
3. 190B, § 2-502

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