New to estate planning? You’re in the right place. A living trust is a legal document that holds your family’s assets so they pass directly to your loved ones — no probate court, no delays, no public record. That’s the core idea.
If you’re just starting to figure this out, I’d suggest reading Having the Estate Planning Talk with Your Parents first — it walks through the whole picture and how to get the conversation started. Then come back here for the Massachusetts-specific rules.
Already know the basics? Keep scrolling — everything below is specific to Massachusetts.
You’re not alone in this. As someone who went through the estate planning process with my own aging parents, I know the weight of these conversations — the awkwardness, the guilt, the fear that you’re not doing enough or doing it too late. Take a breath. You’ve found the right place, and Massachusetts has some rules you genuinely need to understand before you plan.
Here’s the headline: Massachusetts has the second-lowest estate tax threshold in the country — $2,000,000. That’s tied with Oregon for the bottom of the list. The federal exemption is $15 million. Massachusetts is $2 million. That’s a gap that catches thousands of families who will never owe a dollar in federal estate tax but will owe Massachusetts estate tax.
And in a state where the median home value in Greater Boston routinely exceeds $700,000 — and where communities like Cambridge, Brookline, Newton, and the South Shore push well past $1 million — you don’t need to be “wealthy” to cross that $2 million line. Add in a retirement account, a life insurance policy, and a checking account, and a family that considers itself solidly middle class is suddenly looking at a state estate tax bill.
The good news: Massachusetts made a major improvement in 2023. The old law had a brutal “cliff” effect — if your estate exceeded $1 million by even one dollar, the entire estate was taxed from dollar one. That cliff is gone. The exemption is now $2 million with a true credit, meaning only amounts above $2 million are taxed. But $2 million is still a low threshold in a high-cost state.
Here’s everything you need to know about estate planning in Massachusetts — no legal jargon, just clear answers from a son who’s been through it.
Massachusetts Estate Tax: The Second-Lowest Threshold in America
Massachusetts estate tax threshold: $2,000,000 per person. This exemption was doubled from $1 million as part of the 2023 tax reform package (House Bill 4104, signed October 4, 2023, retroactive to January 1, 2023). The old “cliff” — where exceeding the exemption by $1 triggered tax on the entire estate — has been eliminated. A $99,600 tax credit now ensures only amounts above $2 million are taxed. But $2 million is not indexed for inflation and has not changed since.
How it works: Massachusetts calculates estate tax using the old federal state death tax credit table (IRC Section 2011, as of December 31, 2000), then subtracts a $99,600 unified credit. The result is a graduated tax that starts at effectively 0.8% on the first dollar above $2 million and rises to a maximum marginal rate of 16% on estates above roughly $10.1 million.
What Massachusetts Estate Tax Actually Costs Your Family
| Total Estate Value | Approximate MA Estate Tax | Effective Rate (on total estate) |
|---|---|---|
| $2,000,000 | $0 | 0% (at the threshold) |
| $2,250,000 | ~$7,200 | ~0.3% |
| $2,500,000 | ~$17,200 | ~0.7% |
| $3,000,000 | ~$47,200 | ~1.6% |
| $4,000,000 | ~$139,200 | ~3.5% |
| $5,000,000 | ~$251,200 | ~5.0% |
| $7,000,000 | ~$507,200 | ~7.2% |
| $10,000,000 | ~$931,200 | ~9.3% |
The family home is often the trigger. Consider a couple in Brookline: their home is worth $1.1 million, they have $600,000 in retirement accounts, $200,000 in savings and investments, and $150,000 in life insurance. That’s $2,050,000 — already over the line. A couple in Cambridge, Newton, or Wellesley can get there even faster.
Important: Massachusetts does not have an inheritance tax. The estate tax is paid by the estate before distribution — your beneficiaries don’t receive a separate tax bill. But the tax reduces what’s available to distribute.
Also important: Out-of-state real property is excluded from the Massachusetts estate tax calculation (clarified September 2024). If your parents own a vacation home in Maine or Florida, that property does not count toward the $2 million Massachusetts threshold.
Statute: MGL c. 65C
No Portability: Why Credit Shelter Trusts Save Massachusetts Families Real Money
Massachusetts does not offer estate tax portability. Unlike the federal system — where a surviving spouse can use the deceased spouse’s unused exemption — each spouse gets exactly one $2 million Massachusetts exemption. When the first spouse dies, their Massachusetts exemption is either used or lost.
What this means in practice: If one spouse owns all the assets and dies first, only $2 million is sheltered. If the surviving spouse later dies with $4 million, Massachusetts taxes the $2 million excess — roughly $139,200 in estate tax.
The solution: A properly designed credit shelter (bypass) trust shelters the first spouse’s $2 million exemption at their death. The surviving spouse receives income and limited principal access from the trust. At the second death, the survivor uses their own $2 million exemption on their remaining assets.
Result: Up to $4 million sheltered from Massachusetts estate tax for a married couple — versus only $2 million without planning. For a couple with $4 million in combined assets, this saves approximately $139,200.
The planning gap: Estates between $2 million and $15 million owe Massachusetts estate tax but zero federal estate tax. In this range — which includes a very large number of Massachusetts families — state-level planning isn’t just helpful, it’s the only estate tax planning that matters.
For estates that exceed both exemptions, a QTIP trust can defer Massachusetts estate tax on amounts above $2 million until the surviving spouse’s death, keeping more assets available during the survivor’s lifetime.
Two Trust Types in Massachusetts
Massachusetts adopted the Massachusetts Uniform Trust Code (MUTC) at MGL c. 203E, effective July 8, 2012. Under the MUTC, a trust is presumed revocable unless the terms expressly state it is irrevocable — a reversal of prior Massachusetts law.
Revocable Living Trust
- Avoids probate — the primary benefit for Massachusetts families
- You maintain full control — revocable and amendable during your lifetime
- Provides privacy — trust assets stay out of public Probate and Family Court records
- Provides incapacity protection — successor trustee steps in without court involvement
- Avoids ancillary probate — critical if you own property in other states (Maine, New Hampshire, Florida)
- Does NOT reduce Massachusetts estate tax — trust assets are part of your taxable estate
- Massachusetts has no TOD deeds for real property, making trusts the primary tool for avoiding probate on real estate
Irrevocable Trust
- Once established, you give up control — the trade-off for tax and protection benefits
- Can reduce estate tax — assets transferred irrevocably are removed from the taxable estate (critical with MA’s $2M threshold)
- Credit shelter trust — preserves the first spouse’s $2M Massachusetts exemption (essential because MA has no portability)
- ILIT — keeps life insurance proceeds outside the estate entirely (life insurance counts toward the $2M threshold)
- Medicaid Asset Protection Trust (MAPT) — can protect assets from MassHealth recovery if established 5+ years before applying
- Massachusetts does not have DAPTs (domestic asset protection trusts)
- Maximum trust duration: 90 years (Rule Against Perpetuities, MGL c. 184A)
Massachusetts Rules at a Glance
Probate Rules
- Court system: Probate and Family Court (14 county divisions)
- Administration: Informal (magistrate) or formal (judge) under MUPC
- Voluntary administration: Personal property ≤$25,000 (no real estate)
- Creditor claims period: 1 year from date of death
- Typical timeline: 9-12 months; complex estates may take years
- Attorney fees: No statutory schedule — typically $3,500-$7,000 for standard estates
Tax Rules & Property
- Estate tax: $2M threshold, graduated rates up to 16%
- No inheritance tax
- No portability at the state level
- Filing: Form M-706, due 9 months after death
- Common law (separate property) state
- TOD deeds: NOT available for real property
- Lady Bird deeds: Not available (but life estate with special power of appointment used as workaround)
- Joint tenancy: Available (must be expressly stated in deed)
- Tenancy by the entirety: Available for married couples (must be expressly stated)
- Homestead: $125K automatic / $1,000,000 declared (MGL c. 188)
Massachusetts Probate: Informal vs. Formal Under the MUPC
Massachusetts overhauled its probate system in 2012 with the Massachusetts Uniform Probate Code (MUPC) at MGL c. 190B. The biggest change: the introduction of informal probate, a streamlined administrative process that can be handled by a magistrate without a judge or court hearing.
Two Paths Through Probate
| Feature | Informal Probate | Formal Probate |
|---|---|---|
| Who decides | MUPC Magistrate (administrative) | Judge (judicial) |
| When available | Uncontested estates, clear wills | Contested wills, ambiguous terms, complications |
| Hearings required | No | Yes |
| Can start | 7 days after death | 7 days after death |
| Speed | Faster — weeks to months for appointment | Slower — requires scheduling court dates |
MUPC terminology: Massachusetts now uses “Personal Representative” instead of Executor or Administrator, and “Letters” instead of Decrees. If your parents’ estate documents use the older terms, they still work — the court understands.
Probate Filing Fees
| Type of Filing | Fee |
|---|---|
| Voluntary administration (small estate) | $115 |
| Informal probate petition | $390 |
| Formal probate petition | $390+ (additional costs for hearings/citations) |
Statute: MGL c. 262, s. 40
Voluntary Administration — Small Estates (MGL c. 190B, Art. IV)
For smaller estates, Massachusetts offers a simplified voluntary administration process:
- Personal property: $25,000 or less (excluding one motor vehicle)
- Real estate: None owned solely by the decedent
- Timing: At least 30 days must have passed since death
- Filing fee: $115
- No formal or informal probate petition can be pending
The $25,000 threshold is very low. Many estates exceed this with just a bank account. And because it requires no real estate, any family whose parents owned a home — even jointly — may need to go through standard probate unless a trust or other arrangement is in place.
No TOD Deeds: Why Trusts Are Essential for Massachusetts Real Estate
Massachusetts does NOT have transfer-on-death (TOD) deeds for real property. Bills have been filed repeatedly (H.1565, HD.4278), but none have been enacted. This means you cannot simply name a beneficiary on your deed — real estate must go through probate unless it’s held in a trust, joint tenancy, or life estate.
This is a significant gap in the Massachusetts estate planning toolkit. In the 29+ states that offer TOD deeds, a homeowner can record a simple deed naming a beneficiary who receives the property at death — no probate needed. Massachusetts families don’t have this option.
What IS available for real property:
- Revocable living trust: Transfer the property into the trust during your lifetime. At death, the successor trustee distributes it without probate. This is the most common and flexible solution.
- Joint tenancy with right of survivorship: Property passes to the surviving joint tenant. Must be expressly stated in the deed — without survivorship language, Massachusetts defaults to tenancy in common (which goes through probate).
- Tenancy by the entirety: For married couples. Must be expressly stated. Provides both survivorship and creditor protection.
- Life estate deed: Grantor retains the right to live in the property for life; remainder passes at death without probate. But standard life estates are inflexible — the grantor generally can’t sell without the remainderman’s consent.
- Life estate with special power of appointment: A Massachusetts workaround that functions similarly to a Lady Bird deed. The grantor retains the right to sell, mortgage, or revoke during their lifetime. More flexible than a standard life estate.
TOD registrations ARE available for securities (stocks, bonds, brokerage accounts) under MGL c. 190B, s. 6-309, and for bank accounts (payable-on-death). The gap is specifically for real property.
Bottom line: Because Massachusetts lacks TOD deeds, a revocable living trust is often the most practical way to keep real estate out of probate. This is one of the strongest arguments for a trust in Massachusetts.
The $1 Million Homestead: Real Protection for Your Family Home
Massachusetts has one of the stronger homestead protections in the country, and it got significantly better in 2024.
Two Levels of Homestead Protection (MGL c. 188)
| Type | Protection Amount | How to Get It |
|---|---|---|
| Automatic homestead | $125,000 | Applies automatically — no filing needed |
| Declared homestead | $1,000,000 | File a Declaration of Homestead at the Registry of Deeds |
The declared homestead was doubled from $500,000 to $1,000,000 on August 6, 2024, as part of the Affordable Homes Act (Chapter 150 of the Acts of 2024). If your parents already filed a homestead declaration at the old $500K level, they do not need to re-file — they automatically receive the $1 million protection.
What the homestead protects against: Most creditor claims, civil judgments, and forced sales. A creditor generally cannot force the sale of your home to satisfy a debt if your equity is within the homestead protection amount.
What it does NOT protect against:
- Federal and state tax liens (IRS, MA DOR)
- Mortgages (including purchase money mortgages)
- Debts existing before the declaration was filed
- MassHealth/Medicaid liens
- Child support obligations
Action item: If your parents own a home in Massachusetts and haven’t filed a Declaration of Homestead, this is one of the simplest and most valuable things they can do. The filing cost is minimal (typically under $50 at the Registry of Deeds), and it provides up to $1 million in creditor protection.
MassHealth Estate Recovery: Narrowed in 2024
Massachusetts made a significant change to its Medicaid estate recovery rules in late 2024 — and it’s good news for families.
December 5, 2024: Chapter 197 of the Acts of 2024 narrowed MassHealth estate recovery to probate estate assets only — the minimum required by federal law. Previously, Massachusetts had broader recovery authority. This means assets in trusts, joint accounts, and beneficiary-designated accounts are generally not subject to recovery (unlike states such as Oregon with expanded definitions).
Key changes (effective December 5, 2024, retroactive to deaths after August 1, 2024):
- Recovery limited to probate estate assets only
- MassHealth will waive recovery for estates valued at $25,000 or less
- A three-year statute of repose limits how long MassHealth has to initiate recovery
- CommonHealth coverage and PCA service costs may be exempt from recovery (pending federal approval)
What this means for planning:
- A revocable living trust now provides both probate avoidance AND MassHealth estate recovery protection in Massachusetts (the trust assets pass outside the probate estate)
- Joint accounts and beneficiary-designated accounts are also generally protected
- The standard 5-year look-back period still applies — transfers within 60 months of applying for MassHealth long-term care benefits may trigger a penalty period
- Irrevocable Medicaid Asset Protection Trusts (MAPTs) remain valuable for families planning more than 5 years ahead
Home equity cap for MassHealth eligibility: $1,097,000 (2025, adjusted annually). A single individual’s home is exempt if equity is under this cap and they assert an intention to return.
Statute: MGL c. 118E, s. 31
Official Sources
MA DOR — Estate Tax Guide · MA DOR — FAQs: New Estate Tax Changes · MGL c. 65C — Estate Tax · MGL c. 190B — MUPC (Probate Code) · MGL c. 203E — MUTC (Trust Code) · MGL c. 188 — Homestead · MassHealth — Estate Recovery · MA Probate and Family Court · Massachusetts Bar Association
What Estate Planning Costs in Massachusetts
| What You’re Paying For | Typical Range in Massachusetts | When You’d Use It |
|---|---|---|
| Simple will | $300 – $1,200 | Single person, straightforward assets |
| Revocable living trust | $1,500 – $4,000 | Individual or couple wanting to avoid probate |
| Full estate plan package (trust + will + POA + healthcare proxy) | $2,000 – $5,500+ | Most families — this is what you actually need |
| Credit shelter / bypass trust planning | $3,000 – $8,000+ | Married couples with combined estates above $2M (estate tax reduction) |
| Trust administration after death | $2,000 – $6,000+ | Settling a trust estate after a parent’s death |
The math on credit shelter trust planning: A married couple with $4 million in combined assets saves approximately $139,200 in Massachusetts estate tax with proper bypass trust planning. The attorney fee to set this up is typically $3,000-$8,000. That’s a return of 17-to-1 or better on the legal cost.
Want to understand exactly what you’ll pay? Many Massachusetts estate planning attorneys offer free or reduced-cost initial consultations. The Massachusetts Bar Association runs a lawyer referral service, and local bar associations in Suffolk, Middlesex, Norfolk, and Bristol counties can connect you with trust and estate specialists. Find Massachusetts estate planning attorneys below.
With a Trust vs. Without (Probate) in Massachusetts
| Factor | With a Living Trust | Without (Probate) | Why It Matters |
|---|---|---|---|
| Timeline | Weeks to a few months | 9-12 months typical (1-year creditor claim period) | Your family waits months — sometimes years — for assets to transfer |
| Cost | $1,500-$5,500 (one-time trust creation) | $3,500-$7,000 in attorney fees + $390+ in filing fees | Probate costs recur for each generation; trust costs are one-time |
| Privacy | Completely private | Public record — filed with Probate and Family Court | Anyone can see what your parents owned and who receives it |
| Court involvement | None | Required — even informal probate involves court filings | Even the streamlined MUPC process requires a magistrate or judge |
| Real estate | Property in trust passes immediately | Property goes through probate (no TOD deeds in MA) | Without a trust, your parents’ home must go through probate or be held in joint tenancy/life estate |
| Out-of-state property | No ancillary probate needed | Separate probate in each state where property is located | Critical for snowbirds with Florida, Maine, or New Hampshire property |
| Incapacity protection | Successor trustee steps in seamlessly | Court-supervised conservatorship needed | Conservatorship is public, expensive, and emotionally difficult |
| Estate tax | Still applies — same rates | Still applies — same rates | A revocable trust does NOT reduce Massachusetts estate tax |
| MassHealth recovery | Generally protected (trust assets pass outside probate estate) | Exposed (probate assets subject to recovery) | After the 2024 reform, this is a meaningful advantage of trust planning |
Estate Planning Readiness Checklist for Massachusetts
Estate Planning Readiness Checklist — Massachusetts
Check each item you feel confident about. Your progress is saved automatically.
Most families begin exactly where you are. Here are the best next steps:
- What Is a Living Trust? — the complete beginner's guide
- Having the Estate Planning Talk — how to start the conversation
- How to Avoid Probate — why this matters
You have a solid foundation. Fill in the remaining gaps:
- Funding Your Trust — how to retitle assets
- The 5 Documents Every Family Needs
- Estate Tax & Gift Tax Guide
You understand the fundamentals and you're prepared to work with a professional. The next step is finding an estate planning attorney who knows Massachusetts law.
Common Estate Planning Mistakes in Massachusetts
Massachusetts’ estate tax exemption is only $2 million and is not indexed for inflation. In a state with high real estate values, many middle-class families are surprised to learn they face state estate tax. There is no portability between spouses, so married couples need trust-based planning to use both exemptions.
Massachusetts has its own estate tax with an exemption of just $2 million — well below the federal $13.61 million threshold. Families with estates above that amount may owe state estate tax even if they owe nothing federally.
A trust only avoids probate for assets that have been retitled into it. An unfunded trust is just an expensive stack of paper. Real estate, bank accounts, and investments all need to be moved into the trust’s name.
A will does not avoid probate — it goes through it. A will tells the probate court what you want, but the court still controls the process. Only a trust, joint ownership, beneficiary designations, and certain deeds bypass probate entirely.
Retirement accounts (401k, IRA) and life insurance pass by beneficiary designation — not by your will or trust. Outdated designations (like a former spouse) override everything else in your estate plan.
The best way to avoid these mistakes? Work with an estate planning attorney who knows Massachusetts law. A qualified attorney will catch the state-specific issues that generic online advice misses.
Other Important Planning Tools in Massachusetts
Healthcare Proxy (MGL c. 201D)
Massachusetts uses the term “Healthcare Proxy” — not “healthcare power of attorney” or “advance directive.” The healthcare proxy appoints someone to make medical decisions if you cannot communicate. Massachusetts does not have a separate “living will” statute — the healthcare proxy agent makes end-of-life decisions.
Requirements:
- Must be in writing, signed by the principal
- Two witnesses required (neither can be the healthcare agent)
- At least one witness cannot be related by blood or marriage or entitled to any portion of the estate
- Principal must be a competent adult age 18+
Massachusetts is currently transitioning from MOLST (Medical Orders for Life-Sustaining Treatment) to the national POLST (Physician Orders for Life-Sustaining Treatment) standard. The statewide POLST rollout is anticipated in 2027. Until then, the MOLST form remains in use. A healthcare proxy agent with the proxy document present can override a MOLST or DNR order.
Learn more about healthcare directives →
Durable Power of Attorney (MGL c. 190B, Art. V)
Massachusetts recognizes both immediately effective and springing durable powers of attorney. A springing POA takes effect only upon incapacity — for example, when two named individuals (a physician and a family member) concur that the principal can no longer manage their affairs. Many practitioners recommend immediately effective POAs to avoid the difficulty of proving incapacity at the moment the POA is needed.
Learn more about powers of attorney →
Elective Share for Surviving Spouse (MGL c. 191, s. 15)
Massachusetts has one of the more complex elective share statutes in the country. If a surviving spouse is dissatisfied with what a will provides, they can renounce the will and take a statutory share:
- If the decedent left children/descendants: Surviving spouse takes 1/3 of personal and real property
- If the decedent left relatives but no children: $25,000 plus 1/2 of remaining property
The election must be filed within 6 months after the will is admitted to probate. Notably, the Massachusetts Supreme Judicial Court extended the elective share to reach revocable trust assets in Sullivan v. Burkin (1984), meaning a surviving spouse may have claims against assets placed in a revocable trust — not just probate assets.
This is particularly relevant for blended families and second marriages. Professional guidance is essential.
Snowbird Planning: Massachusetts + Florida
Many Massachusetts families own property in Florida (or vice versa). Key considerations:
- Domicile matters: Where your parents are domiciled at death determines which state’s estate tax applies to their worldwide assets (excluding out-of-state real property for MA)
- Factors include: time spent in each state, driver’s license, voter registration, vehicle registration, tax filings
- Florida has no state estate tax — establishing Florida domicile eliminates Massachusetts estate tax on non-MA property
- If domiciled in MA, Florida real estate held in the individual’s name requires ancillary probate in Florida
- Solution: Hold out-of-state property in a revocable living trust — avoids ancillary probate entirely
- Florida requires two witnesses for many estate documents; Massachusetts also requires two witnesses for wills and healthcare proxies — the requirements align well
Long-Term Care Considerations
MassHealth (Massachusetts Medicaid) covers long-term nursing home care, but eligibility requires meeting strict asset and income limits. The look-back period is 5 years (60 months). After the 2024 estate recovery reform, a revocable living trust provides meaningful protection — trust assets pass outside the probate estate and are generally not subject to MassHealth recovery.
For families planning further ahead, irrevocable Medicaid Asset Protection Trusts (MAPTs) established more than 5 years before applying can protect assets from both the look-back and recovery. Timing matters — the earlier these tools are put in place, the better.
Learn more about long-term care planning →
Find a Massachusetts Estate Planning Attorney
Find a Massachusetts Estate Planning Attorney
Massachusetts families face a unique combination of pressures: the second-lowest estate tax threshold in the country, no portability between spouses, no TOD deeds for real estate, and high property values that push middle-class families over the $2 million line. Professional guidance isn’t optional here — it’s how you protect what your family has built.
Use the directories below to find a qualified estate planning attorney in your area, or email us and we’ll point you in the right direction.
Where are you in this journey?
- My parents are getting older — just starting to think about this
- We need a plan now — ready to take action
- Settling an estate — dealing with a parent’s passing
Massachusetts attorney directories:
- Massachusetts Bar Association
- Massachusetts Bar Association — Lawyer Referral Service
- Boston Bar Association
- American College of Trust and Estate Counsel (ACTEC) — Find a Fellow
- National Academy of Elder Law Attorneys (NAELA)
Questions to Ask Before You Hire a Massachusetts Estate Planning Attorney
- How many estate plans do you create per year, and what percentage of your practice is trust and estate work?
- My parents’ estate is approximately $[X] — can you walk me through their Massachusetts estate tax exposure and the strategies to reduce it?
- Do you recommend a credit shelter trust for married couples, and how do you handle the no-portability issue?
- What’s included in your flat fee (trust, pour-over will, POA, healthcare proxy, trust funding)?
- Will you help with funding the trust — retitling real estate deeds, bank accounts, and investments?
- My parents own property in [Florida/Maine/New Hampshire] — how do you handle multi-state planning?
- Can you explain how the 2024 MassHealth estate recovery changes affect our planning?
- Do you handle the Form M-706 estate tax return filing?
Recent Massachusetts Updates
- October 2023 — Estate Tax Reform (HB 4104): Doubled the estate tax exemption from $1M to $2M (retroactive to January 1, 2023). Eliminated the cliff effect with a $99,600 tax credit. This is the most significant Massachusetts estate tax reform in decades.
- August 2024 — Homestead Doubled (Ch. 150, Acts of 2024): The declared homestead protection increased from $500,000 to $1,000,000. No re-filing needed for existing declarations.
- September 2024 — Out-of-State Property Excluded: Clarified that out-of-state real property is excluded from the Massachusetts estate tax calculation — good news for snowbirds.
- December 2024 — MassHealth Estate Recovery Narrowed (Ch. 197, Acts of 2024): Recovery limited to probate estate assets only. Waiver for estates under $25,000. Three-year statute of repose. Retroactive to deaths after August 1, 2024.
- Federal — One Big Beautiful Bill Act (July 2025): The federal estate tax exemption is now permanently set at $15 million per individual. Massachusetts remains at $2 million. The gap between federal ($15M) and state ($2M) continues to grow — making state-level planning more important than ever.
- MOLST to POLST Transition: Massachusetts is transitioning from MOLST to the national POLST standard. Statewide implementation expected in 2027.
Last reviewed: February 2026
Last updated: February 2026. I review Massachusetts’s estate planning rules quarterly and update this page whenever laws change. Bookmark it.
Go Deeper: Estate Planning Guides
| Guide | What You’ll Learn |
|---|---|
| Living Trusts: The Complete Guide | What a living trust is, how it works, and whether your family needs one — the foundation |
| How to Avoid Probate | Every method to keep your family out of court — trusts, TOD accounts, joint tenancy, and more |
| Having the Estate Planning Talk | How to start the hardest conversation your family will ever have — with scripts and strategies |
| Estate Tax Planning | Federal and state estate taxes, gift tax exclusions, and the step-up in basis explained |
| How to Fund Your Trust | The step everyone forgets — how to actually move your assets into your trust |
| The 5 Documents Every Family Needs | Trust, will, powers of attorney, healthcare directive — the complete package |
| Protecting Your Parents’ Legacy | Long-term care, Medicaid, blended families, and the threats nobody warns you about |
| Compare State Estate Planning Rules | See how your state compares on probate costs, estate taxes, and trust-friendly features |