Do I Need a Transfer on Death Deed in Massachusetts?
Massachusetts does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
No. Massachusetts does not allow transfer on death deeds. Massachusetts has not adopted the Uniform Real Property Transfer on Death Act and has no statute authorizing transfer-on-death deeds for real property. Mass. Gen. Laws ch. 190B, Article VI, Part 3 (M.G.L. c. 190B, s. 6-301 to s. 6-311) reaches only securities and security accounts registered in beneficiary form. Section 6-101 makes a nonprobate transfer provision inside an insurance policy, account agreement, trust, or similar written instrument nontestamentary, but it creates no recordable deed naming a death beneficiary for real estate.
Because Massachusetts has no TOD deed, real property passes outside probate through: Revocable living trust; Joint tenancy with right of survivorship; Tenancy by the entirety (married couples); Life estate deed. The Massachusetts trust vs. will comparison sets the routes side by side.
35 jurisdictions allow a transfer on death deed for real property; Massachusetts is not one of them. A revocable living trust does the same work in every state and covers the other assets as well.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Massachusetts
Free forms for planning your estate in Massachusetts: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Healthcare Power of Attorney
Massachusetts requires 2M.G.L. c. 201D § 2Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredM.G.L. c. 201D § 2Verified Oct 15, 2026View source.
Financial Power of Attorney
Massachusetts requires explicit durability language for a power of attorney to survive incapacityM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source.
Last Will and Testament
In Massachusetts, a will is signed before 2M.G.L. c. 190B § 2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyM.G.L. c. 190B § 2-502Verified Oct 18, 2026View source.
Tools for Planning Your Estate in Massachusetts
Free tools for planning your estate in Massachusetts: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Do I Need a Vehicle TOD?
Massachusetts does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Massachusetts runs $3,920Estimate: 10 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,880Estimate: 15 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,161Estimate: 3 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Massachusetts, four years at a public university cost about $117,036NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 6% above the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxM.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source above $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Massachusetts automatically revokes an ex-spouse as beneficiary at divorceM.G.L. c. 190B, § 2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Massachusetts costs an estimated $27,714No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source. Attorney fees run 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Massachusetts, a surviving spouse takes the entire estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationM.G.L. c. 190B § 2-106Verified Sep 10, 2026View source.
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Massachusetts Estate Planning Resources
In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.