Massachusetts Last Will and Testament

A last will and testament is an important step in planning the distribution of your estate (real and personal property) upon your death. Massachusetts wills permit the testator, the person writing the will, to provide for a spouse, children, other loved ones, and pets after his death as well as to name a personal representative for the estate.

Not to be confused with a will, a Massachusetts living will, or health care proxy, provides instructions should you become incapacitated and incapable of making decisions regarding your medical care.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased’s assets. The outcome may not coincide with the decedent's (the person who passed away) wishes, however, which means it is generally advisable to create a last will and testament.

In addition to providing the opportunity to direct asset distribution, a Massachusetts last will and testament also allows the testator to make a charitable gift, create a trust for any person, name a legal guardian for minor children, or create a “pet trust” in order to provide for the care of an animal after its owner’s death.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.