✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
⚠️ Massachusetts Estate Tax Alert: Massachusetts imposes a state estate tax on estates over $2,000,000 — one of the lowest thresholds in the nation. With median home prices in Greater Boston regularly exceeding $700,000–$800,000, many Massachusetts homeowners are closer to this threshold than they realize. Estate planning is especially important here.
Massachusetts has straightforward will execution requirements under the Massachusetts Uniform Probate Code (MUPC), but it carries an important distinction from most states: a state estate tax that kicks in at just $2 million. For Bay State residents — especially homeowners in Greater Boston, the South Shore, or the North Shore — proper estate planning isn't optional. It's financial self-defense.
The good news: making a legally valid will online in Massachusetts is entirely achievable for most residents, and online services have become significantly better at guiding you through Massachusetts-specific requirements.
Is an Online Will Legal in Massachusetts?
Yes — online wills are fully legal in Massachusetts when properly executed. Massachusetts adopted the Uniform Probate Code in 2012 (the Massachusetts Uniform Probate Code, MUPC), which modernized its estate laws considerably.
Under M.G.L. c. 190B § 2-502, a valid Massachusetts will must be: (1) in writing; (2) signed by the testator or in the testator's name by some other person in the testator's conscious presence and by the testator's direction; and (3) signed by at least 2 witnesses, each of whom signed within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of that signature or acknowledgment of the will. The testator must be at least 18 years old (§ 2-501).
Key point: witnesses must sign in the testator's conscious presence — not merely in the same room, but in a way that the testator can perceive them signing. This is a stricter standard than some states and generally requires physical presence during the signing ceremony.
Holographic Wills: NOT Valid in Massachusetts
This is a crucial distinction. Massachusetts does not recognize holographic wills. A handwritten, unwitnessed will has no legal effect in Massachusetts. All wills must meet the formal execution requirements of M.G.L. c. 190B § 2-502. If a Massachusetts resident creates a holographic will thinking it's valid, their estate will likely be treated as intestate (as if they died without a will).
Electronic Wills in Massachusetts
Massachusetts has not enacted the Uniform Electronic Wills Act as of 2026. Electronic wills do not have a dedicated legal framework in Massachusetts. Your online will should be printed, physically signed, and witnessed in person. The online platform is a drafting tool; execution must follow the traditional paper-based process.
Massachusetts Will Requirements Checklist
✔ Massachusetts Legal Will Requirements (MUPC)
- You are at least 18 years old (M.G.L. c. 190B § 2-501)
- You are of sound mind at the time of signing
- The will is in writing (typed or printed — holographic NOT valid)
- You sign the will in the presence of your witnesses
- At least two witnesses each sign within a reasonable time after witnessing your signing or acknowledgment
- Witnesses must sign in your "conscious presence"
- Witnesses should be disinterested (not beneficiaries) — a devise to a witness is not automatically void but creates complications
- Notarization is NOT required for validity
Massachusetts Estate Tax: The Big Issue
This is the single most important tax issue for Massachusetts estate planners. Massachusetts is one of only a handful of states that still imposes its own estate tax, and its exemption threshold is among the lowest in the country.
The $2 Million Threshold
Effective January 1, 2023, Massachusetts raised its estate tax exemption from $1,000,000 to $2,000,000 per person (Chapter 56 of the Acts of 2023, signed by Governor Healey). This was a significant improvement, but $2M is still well below the federal exemption of $13.61 million.
How Massachusetts Estate Tax Works
Massachusetts estate tax rates range from approximately 0.8% to 16% on the taxable estate. Importantly, Massachusetts uses a "cliff" or "net estate" calculation method that can create effective marginal rates higher than the stated rates for estates just over the threshold. The Massachusetts estate tax is paid by the estate before distribution to beneficiaries.
No portability in Massachusetts: Unlike the federal estate tax, Massachusetts does NOT allow a surviving spouse to use the deceased spouse's unused exemption ("portability"). Each spouse has their own $2M exemption — they cannot be combined automatically. Married couples in Massachusetts often use a bypass trust (credit shelter trust) or other planning techniques to preserve both exemptions and protect up to $4M.
Who Needs to Worry?
With Massachusetts median home prices regularly exceeding $600,000–$900,000 in many areas, many Massachusetts homeowners who also have retirement accounts, life insurance, and savings can approach the $2M threshold surprisingly quickly. Consider:
- A couple in Newton with a $900,000 home + $700,000 in retirement + $500,000 in life insurance = $2.1M estate for one spouse
- If the surviving spouse inherits everything and later dies with a similar-sized estate, they face a Massachusetts estate tax bill
- A bypass trust or other planning technique can help preserve both spouses' $2M exemptions
For estates approaching or exceeding $2M, consulting with a Massachusetts estate planning attorney is strongly recommended in addition to any online will. An online will handles asset distribution; it doesn't automatically minimize estate taxes.
Massachusetts Probate: How It Works
Massachusetts probate is handled by the Probate and Family Court in the county where the deceased resided. Since adopting the MUPC in 2012, Massachusetts offers both informal and formal probate options.
Informal Probate
Most Massachusetts estates qualify for informal probate, which involves filing with the Probate Court but requires minimal court appearances. A personal representative (executor) is appointed and administers the estate under the MUPC's supervised or unsupervised administration framework.
Voluntary Administration (Small Estates)
Under M.G.L. c. 190B § 3-1201, estates with personal property valued at $25,000 or less (not counting one motor vehicle) and no real property may qualify for voluntary administration — a simplified process that avoids full probate. This threshold is relatively low; most Massachusetts estates will require the full probate process.
Probate Avoidance Options
Many Massachusetts residents use the following to minimize or avoid probate:
- Revocable living trusts — assets in trust pass outside probate
- Joint tenancy with right of survivorship — passes automatically to the surviving owner
- Beneficiary designations — retirement accounts, life insurance, POD bank accounts pass outside probate
- TOD (Transfer-on-Death) designations on brokerage accounts
Best Online Will Services for Massachusetts Residents
Given Massachusetts's estate tax complexity, we evaluated each service on how well it addresses MA-specific concerns, not just basic will drafting:
Best overall — includes living trust option critical for MA estate tax planning
Will plan from
$199
Massachusetts MUPC Compliant
Living Trust Available
Healthcare Proxy
Durable Power of Attorney
Free Updates
Trust & Will is our top pick for Massachusetts residents. It generates MUPC-compliant documents, includes a living trust option (valuable for estate tax planning), and produces a healthcare proxy — the Massachusetts-specific equivalent of an advance healthcare directive. If your estate may approach $2M, seriously consider the Trust Plan ($299) to set up a revocable living trust.
✅ Pros
- Living trust option available
- Healthcare proxy included
- MUPC-compliant documents
- Free lifetime updates
❌ Cons
- Bypass trust (for estate tax planning) needs attorney
- Higher price than some alternatives
Start Your Massachusetts Will at Trust & Will →
Good if you want attorney access for MA estate tax questions
Will plan from
$99
MUPC-Compliant
Attorney Network
Healthcare Proxy
LegalZoom is useful for Massachusetts residents who want the ability to ask an attorney questions about estate tax planning — which is genuinely valuable given MA's $2M threshold. The attorney subscription gives access to licensed Massachusetts attorneys.
✅ Pros
- Attorney access for MA tax questions
- MUPC-compliant documents
- Healthcare proxy available
❌ Cons
- Upsells add to cost
- Updates billed separately
Visit LegalZoom →
Flexible subscription with Massachusetts document access
From
$39.99/mo
MA-Compliant Templates
Attorney Q&A
Cancel Anytime
Rocket Lawyer's subscription provides access to Massachusetts will templates, healthcare proxy, and power of attorney forms with the ability to ask attorney questions. Good value if you need multiple documents or ongoing access.
✅ Pros
- Unlimited document access
- Attorney questions included
- Massachusetts-specific templates
❌ Cons
- Ongoing monthly cost
- Less guided process
Visit Rocket Lawyer →
Desktop software with strong Massachusetts coverage — one-time purchase
One-time
$99
Massachusetts Specific
One-Time Purchase
Comprehensive Guidance
Nolo's WillMaker software is a reputable product with strong Massachusetts coverage, including healthcare proxy and power of attorney. The one-time purchase model is appealing. Works best for users comfortable with desktop software rather than a fully web-based experience.
✅ Pros
- One-time purchase
- Massachusetts-specific guidance
- Comprehensive legal explanations
❌ Cons
- Desktop software — less convenient
- No cloud storage/updates
Visit Nolo WillMaker →
Massachusetts Online Will Service Comparison
| Service | Price | Best For | MA Notes |
|---|
| Trust & Will (Will Plan) | $199 | Best overall | MUPC-compliant, healthcare proxy, living trust option |
| Trust & Will (Trust Plan) | $299 | Estate tax planning | Revocable living trust — valuable near $2M threshold |
| LegalZoom | $99+ | Attorney access | MA attorney network for estate tax questions |
| Rocket Lawyer | $39.99/mo | Multiple documents | MA templates + attorney Q&A |
| Nolo WillMaker | $99 one-time | Desktop users | Strong MA guidance, one-time purchase |
| MA Estate Attorney (Will only) | $1,500–$3,500 | Complex/large estates | Bypass trust for estate tax — consult attorney if near $2M |
Step-by-Step: How to Make a Will in Massachusetts Online
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1
Assess your estate size Before choosing a service, estimate your total estate value — home equity, retirement accounts, life insurance death benefit, savings, investments. If this approaches $2M, seriously consider the Trust Plan or consulting an attorney about a bypass trust.
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2
Choose your service Trust & Will is our top pick for most Massachusetts residents. For estates clearly under $1.5M with no complex assets, any reputable service will suffice. For estates near $2M, prioritize a service that includes living trust creation.
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3
Complete the questionnaire Answer questions about your family, assets, beneficiaries, and executor. The service generates your Massachusetts-compliant will and supporting documents (healthcare proxy, durable power of attorney).
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4
Sign with two witnesses in your conscious presence Print your will and sign in front of two witnesses who also sign. Witnesses must be physically present — they must be able to perceive you signing. Massachusetts does not currently support fully remote will execution.
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5
Store securely Keep the original in a fireproof safe or with your attorney. Provide your executor a copy and confirm where the original is stored. Review and update after major life events.
Ready to Make Your Massachusetts Will?
Trust & Will generates MUPC-compliant documents, includes a healthcare proxy, and offers a living trust option — essential for Massachusetts residents planning around the $2M estate tax threshold.
Start Your Massachusetts Will at Trust & Will →
Related Estate Planning Resources
Frequently Asked Questions
Is an online will legal in Massachusetts?
Yes. Online wills are fully legal in Massachusetts under M.G.L. c. 190B § 2-502 (MUPC) if they are in writing, signed by the testator (age 18+), and witnessed by at least two people in the testator's conscious presence. Notarization is not required for validity.
Does Massachusetts have a state estate tax?
Yes — and it's one of the most important factors in Massachusetts estate planning. Massachusetts imposes a state estate tax on estates over $2,000,000 (raised from $1M to $2M effective January 1, 2023). Rates range from 0.8% to 16%. Massachusetts does NOT offer portability, so married couples cannot automatically combine their exemptions without proper trust planning.
How many witnesses does a Massachusetts will require?
Massachusetts requires at least two witnesses who must sign in the testator's conscious presence within a reasonable time after witnessing the signing or acknowledgment. Disinterested witnesses (non-beneficiaries) are strongly recommended under M.G.L. c. 190B § 2-505.
Are holographic wills valid in Massachusetts?
No. Massachusetts does NOT recognize holographic wills. All wills must be in writing and signed by two witnesses. A handwritten, unwitnessed will has no legal effect in Massachusetts — the estate would be treated as intestate.
What is the Massachusetts estate tax exemption?
As of January 1, 2023, the Massachusetts estate tax exemption is $2,000,000 per person (Chapter 56 of the Acts of 2023). Estates above this threshold pay MA estate tax at rates from 0.8% to 16%. There is no portability — each spouse has their own $2M exemption, making trust planning valuable for married couples with combined assets near $2M+.
What court handles probate in Massachusetts?
Probate in Massachusetts is handled by the Probate and Family Court in the county where the deceased resided. Under the MUPC (adopted 2012), Massachusetts offers informal probate for most estates. Small estates with personal property under $25,000 and no real estate may qualify for simplified voluntary administration under M.G.L. c. 190B § 3-1201.
Does Massachusetts recognize remote online notarization?
Massachusetts has enacted permanent RON (remote online notarization) legislation. However, the "conscious presence" requirement for will witnesses is generally interpreted to require physical presence. Consult an attorney if you have questions about remote will execution in Massachusetts.
How much does an online will cost in Massachusetts?
Online will services for Massachusetts residents cost $89–$199 for a complete will package. Trust & Will's will plan is $199 (includes healthcare proxy, power of attorney, and free updates). Massachusetts estate planning attorneys typically charge $1,500–$3,500 or more, making online services excellent value for estates well under $2M.