Is An Online Will Legally Valid in Massachusetts?
Yes, online wills are legally valid in Massachusetts. However, if you choose an online will, there are steps you need to take for it to hold up in court.
Not to worry, FeedingBird walks you and your family through everything you need to know.
What Makes an Online Will Legally Valid in Massachusetts?
Under Mass. General Laws c.190B, section 2-502, a valid will must be in writing, signed by the testator, and signed by at least two individuals who each witnessed the signing or the testator's acknowledgment of the will. Notarization is not required to make the will valid. However, it's important to note that a notarized self-proving affidavit under section 2-504 lets the court accept the will without contacting your witnesses later.
Massachusetts is one of a small number of states that deliberately does not recognize holographic wills. Even a will that is entirely handwritten by the testator must still be signed by two witnesses to be valid.
What You Need to Know about Online Wills in Massachusetts
Estate laws are complicated and change depending on your state of residence. Online wills need to be structured correctly to avoid a lengthy, convoluted court process.
Massachusetts Property Laws
Massachusetts is not a community property state, meaning that all property owned solely in your name is distributed according to your will, or, if one is not present, according to the state's intestate succession rules, regardless of when assets were acquired during the marriage.
Massachusetts Probate
Most estates in Massachusetts go through the Probate and Family Court, though the state offers informal probate for straightforward, uncontested estates. Smaller estates with personal property worth $25,000 or less, not counting one vehicle, may qualify for Voluntary Administration instead. Real estate cannot be transferred this way.
Avoiding Probate in Massachusetts
Because probate can take a long time to settle estates and often comes with costly court costs, people sometimes wish to avoid the process where possible. Here are some ways to bypass probate.
- Select a revocable living trust for your estate. A living trust appoints you as trustee and lets you keep control over your assets, while also identifying a successor trustee to manage distribution after your death.
- Make sure you have beneficiary designations on your financial and retirement accounts. A payable-on-death (POD) designation identifies who receives funds without probate, and a transfer-on-death (TOD) designation outlines a new owner for brokerage accounts.
- Hold property as joint tenants with right of survivorship, which passes automatically to the remaining owner when someone passes.
Want to learn more about trusts? Discover what is included in a trust.
