Do wills need to be filed with a government entity in Massachusetts?
Discover whether wills must be filed with a government entity in Massachusetts. Learn about the legal requirements and procedures for managing testamentary documents.
Understanding Wills in Massachusetts
In Massachusetts, a will is a legal document that outlines how a person's assets and properties should be distributed after their death. It allows individuals to specify their wishes regarding their estate and appoint an executor to carry out these instructions.
Legal Requirements for Wills
For a will to be valid in Massachusetts, the individual creating the will, known as the testator, must be of sound mind and at least 18 years old. The will must be in writing and signed by the testator or by someone else in their presence and at their direction.
The will must also be signed by two or more witnesses who witnessed the testator signing the will or acknowledging their signature. These witnesses must sign the will in the presence of the testator and each other.
Do Wills Need to Be Filed with a Government Entity?
Unlike some states, Massachusetts does not require wills to be filed with a government entity during the testator's lifetime. However, after the testator passes away, the will must be filed with the probate court in the county where the deceased resided.
Once the will is filed with the probate court, the court will oversee the administration of the estate, ensuring that the assets are distributed according to the terms of the will and Massachusetts law.
Managing Testamentary Documents
It is essential to keep the original copy of the will in a safe and secure place, such as a safe deposit box or with an attorney. Copies of the will should be provided to the executor, close family members, and anyone named in the will.
Regularly reviewing and updating the will is also crucial, especially after significant life events such as marriage, divorce, the birth of children, or the acquisition of new assets.
Final Thoughts on Filing Wills in Massachusetts
While Massachusetts does not require wills to be filed with a government entity during the testator's lifetime, it is essential to ensure that the will is properly executed and stored to facilitate the probate process after the testator's passing. By understanding the legal requirements and procedures for managing testamentary documents, individuals can ensure that their final wishes are carried out effectively.
Buried in Work's Additional Resources
Buried in Work provides Massachusetts state-specific service provider directories and information related to estate preparation, end-of-life tasks, and estate transition information. Click here to learn more.