Practice Areas
Wills Attorney Serving Massachusetts
A will decides who receives what you own, who settles your affairs, and — if you have young children — who raises them. Without one, Massachusetts decides all three for you.
Overview
Wills in Massachusetts
A will is your written instruction to the Massachusetts Probate and Family Court. It names the personal representative who will gather your assets, pay your final bills, and distribute what remains; it says who receives each piece of your estate; and it nominates the guardian who would raise your minor children. It is the single most consequential page of paper most people ever sign, and the vast majority of Massachusetts adults do not have one.
If you die without a will, the Massachusetts Uniform Probate Code applies its own formula. Contrary to what most people assume, a surviving spouse does not automatically inherit everything — when there are children from a prior relationship, or a surviving parent and no children, the estate gets divided by statute. The court also chooses who administers the estate and, if it comes to it, who becomes guardian of your children. Those may not be the people you would have picked.
Everyone needs a will. Whether you also need a trust depends on what you own and how much probate you want your family to sit through. We will tell you plainly which one your situation calls for.
Scope of Work
What we handle
Last will and testament
A complete Massachusetts will naming your personal representative, your beneficiaries, and how specific property and residuary assets are distributed.
Guardianship for minor children
Nominating the guardian who would raise your children — and a successor, in case your first choice cannot serve. This can only be done in a will.
Updating an existing will
Codicils and full restatements after a marriage, divorce, birth, death, move, or significant change in what you own. Out-of-state wills reviewed for Massachusetts execution requirements.
Pour-over wills
The companion will that catches anything never transferred into your trust and directs it there, so nothing falls outside your plan.
Ambiguous or contested wills
Reviewing DIY and form wills whose wording conflicts with how accounts are actually titled — the most common cause of family disputes we see.
The Process
Three steps, start to finish
- 01
Consult
A free conversation about your family, your assets, and what you want to happen. You leave knowing what you need — even if that turns out to be less than you expected.
- 02
Draft
Your will is drafted for your circumstances, then reviewed with you clause by clause in plain English until every provision reads the way you intend.
- 03
Sign & store
Executed with the witnesses and notarization Massachusetts requires, with clear guidance on where to keep the original and who needs to know about it.
A will is the floor, not the ceiling
A will only takes effect when you die. It does nothing if you are alive but unable to make decisions — that is what a durable power of attorney and a health care proxy are for. Most of our clients sign all three at the same appointment.
FAQ
Wills: common questions
What happens if I die without a will in Massachusetts?
The Massachusetts Uniform Probate Code decides for you. Your property passes under the state's intestacy statute, which does not always leave everything to a surviving spouse — if you have children from a previous relationship, or a surviving parent and no children, your estate is divided by formula. The Probate and Family Court also chooses who administers the estate and who becomes guardian of any minor children.
Do I need a will if I have a trust?
Yes. A trust only controls the assets actually transferred into it, so a will remains necessary as a safety net — usually a 'pour-over' will that directs anything left in your individual name into the trust. Your will is also the document that nominates a guardian for minor children; a trust cannot do that.
Does a will avoid probate?
No — this is the most common misunderstanding we hear. A will is your instructions to the Probate and Family Court, so having one means your estate goes through probate with directions rather than without them. Avoiding probate is done with trusts, beneficiary designations, and how assets are titled.
How often should I update my will?
Review it every three to five years, and immediately after a major life event: marriage, divorce, a birth or adoption, a death in the family, buying or selling real estate, a significant change in assets, or a move to or from Massachusetts.
Can I write my own will or use an online form?
You can, and Massachusetts will accept a properly executed will regardless of who drafted it. The risk is in the details — execution formalities, ambiguous wording, and provisions that conflict with how your accounts are actually titled. Most of the contested estates we see began as a form document that no one reviewed.
Who should I name as personal representative?
Someone organized, trustworthy, and willing to serve — commonly a spouse, adult child, or close friend. They do not need financial expertise, since they can hire professionals, but they should live close enough to handle paperwork and be someone your family will not fight with.
More questions? Read the full FAQ.
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