Is an Online Will Legal in Massachusetts?
An online service can prepare a valid Massachusetts will; execution happens on paper under M.G.L. c. 190B, § 2-502: the testator signs (or acknowledges the signature or the will) and at least 2 individuals who witnessed that sign the will. Massachusetts recognizes no holographic, oral, or electronic wills for in-state execution.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Massachusetts will.
Sign it fully remotely
Paper signingWhether Massachusetts recognizes an electronic will executed without an in-person paper signing.
What this means for you
Massachusetts has no harmless-error rescue: § 2-503 is reserved, so a defective ceremony fails outright rather than being saved by evidence of intent. Notarization is optional, but signing the § 2-504 self-proving acknowledgment and affidavits before a notary at execution lets the will be proved without witness testimony.
What Massachusetts Law Requires
The governing law is M.G.L. c. 190B (Massachusetts Uniform Probate Code), art. II, §§ 2-501 through 2-506. Each rule below links to the official source it was read from.
| Requirement | The Massachusetts rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, sound mind. | M.G.L. c. 190B, § 2-501 |
| Written document | Required. | M.G.L. c. 190B, § 2-502(a)(1) |
| Signature | The testator signs. Some other individual may sign in the testator's name, in the testator's conscious presence and by the testator's direction. | M.G.L. c. 190B, § 2-502(a)(2) |
| Witnesses | 2. The will must be signed by at least 2 individuals, each of whom witnessed either the testator's signing or the testator's acknowledgment of the signature or acknowledgment of the will. The statute sets no deadline for the witnesses' own signatures and does not require them to sign in the presence of the testator or of each other. | M.G.L. c. 190B, § 2-502(a)(3) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | M.G.L. c. 190B, § 2-504 |
Signing Day in Massachusetts
The will must be signed by at least 2 individuals, each of whom witnessed either the testator's signing or the testator's acknowledgment of the signature or acknowledgment of the will. The statute sets no deadline for the witnesses' own signatures and does not require them to sign in the presence of the testator or of each other.
Massachusetts deleted the UPC's 'within a reasonable time' phrase from the witness-signature clause, so the signing window is not statutorily fixed. Intent that the document constitute the testator's will can be established by extrinsic evidence (§ 2-502(b)); that clause is about proving intent and is not a holographic-will or harmless-error rule.
The self-proving step worth adding
Self-proof uses the testator's acknowledgment plus witness affidavits in the statutory forms. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove due execution (§ 2-504(c)). Timing: simultaneously with execution, or at any time after execution.
Choose witnesses carefully
A devise to a witness or to the spouse of a witness is void unless there are 2 other subscribing witnesses who are not similarly benefited, or the interested witness establishes that the devise was not inserted, and the will was not signed, as a result of fraud or undue influence by that witness.
Shortcuts Massachusetts Does and Does Not Recognize
Handwritten (holographic) wills
NoAn unwitnessed handwritten will executed in Massachusetts is invalid: § 2-502(a)(3) requires two witnesses, and the MPC omitted the UPC's holographic-will subsection, leaving § 2-503 reserved. A holographic will validly executed under the law of the place of execution, or of the testator's domicile, abode, or nationality, is a written will and can be recognized under the § 2-506 choice-of-law rule. (M.G.L. c. 190B, § 2-503 (reserved); § 2-502(a)(3))
Oral wills
NoSection 2-502 requires a signed writing witnessed by two individuals. Massachusetts's former soldiers-and-mariners nuncupative-will statute (G.L. c. 191, § 6) fell with the rest of c. 191, §§ 1 to 14, repealed by St. 2008, c. 521, § 10, the act that adopted the Massachusetts Uniform Probate Code. (M.G.L. c. 190B, § 2-502; c. 191, §§ 1 to 14 (repealed))
Electronic wills
NoMassachusetts has no electronic-wills statute: c. 190B, § 2-502 requires a written will signed by the testator and two witnesses, and the chapter contains no provision authorizing an electronic record or electronic signature as a will. (M.G.L. c. 190B, § 2-502)
Remote witnessing: not recognized.
A Will Signed in Another State
A written will is valid if executed in compliance with § 2-502, or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national. (M.G.L. c. 190B, § 2-506)
Keep Going
- The full Massachusetts will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Massachusetts estate planning sets the will beside the other documents a complete plan needs.
- A Massachusetts revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Massachusetts?
Does a Massachusetts will need to be notarized?
How many witnesses does a Massachusetts will need?
Are handwritten (holographic) wills valid in Massachusetts?
Are electronic wills legal in Massachusetts?
Is a will made in another state valid in Massachusetts?
SourcesOfficial references used for this page
Verified against M.G.L. c. 190B (Massachusetts Uniform Probate Code), art. II, §§ 2-501 through 2-506 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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