Make a Massachusetts Last Will and Testament

Massachusetts State Last Will and Testament Laws

Definition of Will - Section 1-201(57)

Laws - Chapter 190B: Massachusetts Uniform Probate Code

Witnesses - According to §2-502, the Will must be signed by two (2) individual witnesses.

A Sample Massachusetts Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are married, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to for the service? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them in the event you die, provide the following information below (as well as your alternate and conservative’s information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Remember that you must sign your will in the presence of two witnesses in order for it to be valid.

Why do you need a Massachusetts last will and testament form?

In the State of Massachusetts, it is important to have a legal last will and testament in writing so that you can have control over the distribution of your assets upon your death. Assets can include bank accounts, real estate, vehicles, jewelry, and other personal property. Having a last will and testament allows for you to take care of loved ones, make charitable donations, appoint guardianship of children and pets, and is a valuable step in the process of estate planning.

The benefits of having a will

A last will and testament in the state of Massachusetts is not legally required. However,  it does allow for control over the outcome of the distribution of assets such as vehicles, property, real estate, or other items of monetary value and even sentimental value upon death.

• A will in the state of Massachusetts allows for a testator to name an executor who will be responsible for carrying out any wishes outlined in the last will and testament.
• A will can also include guardianship instructions for any minors in the deceased’s care at the time of death as well as any pet trusts.
• Massachusetts provides an expedited probate process for estates that are worth less than $25,000 or that do not exceed the value of allowances, legal costs, funeral costs, and medical costs.

The costs of not having a will

Without a will in the State of Massachusetts, intestacy laws are enacted. This means that the courts determine the fate of any distributable assets without the testator’s wishes in mind. In Massachusetts, a spouse will automatically inherit an entire estate if there are no surviving descendants. If there are both a spouse and children, they will split the entirety of the estate. If there is no spouse or surviving children, the next closest relative will be found by the court and will inherit the estate. If there are no relatives that can be found to receive the estate’s property, it will be absorbed by the State of Massachusetts.