Massachusetts Estate Planning Checklist
Everything to get your estate plan in order: the documents to put in place, the people to choose, the information to gather, and the steps that come after signing. Check items off as you go, or print it and bring it to your consultation.
Massachusetts Estate Planning Checklist
DaltonMurray · 978-561-3090 · Topsfield (main office) · Gloucester · North Andover
This checklist is provided for general educational purposes only. It is not legal advice, does not create an attorney-client relationship, and does not cover every situation. Confirm current requirements with an attorney before relying on it.
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Core Documents to Put in Place
The foundation of every planLast Will & Testament Core
Directs who receives your property and names the personal representative (executor) who settles your estate.
Durable Power of Attorney Core
Lets a trusted person manage your finances if you become incapacitated, avoiding a court-ordered conservatorship.
Massachusetts Health Care Proxy Core
Names the person who makes medical decisions for you if you cannot speak for yourself.
HIPAA Authorization Core
Allows your chosen people to access your medical records and speak with your providers.
Revocable Living Trust If it fits
Avoids probate, keeps your affairs private, and takes effect immediately on incapacity. Often recommended if you own a home.
Pour-Over Will (if you have a trust) If it fits
A backup will that moves any forgotten assets into your trust at death.
Personal statement of wishes for end-of-life and funeral arrangements Optional
Not legally binding, but it spares your family from guessing. Massachusetts also recognizes a MOLST form for serious illness.
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People to Choose (and a Backup for Each)
Always name an alternatePersonal representative (executor), and an alternate
The person who settles your estate. Choose someone organized and trustworthy who is willing to serve.
Trustee, and a successor trustee (if you have a trust)
Manages trust assets for your beneficiaries. Can be you during your lifetime, with a successor named for later.
Health care agent, and an alternate
Named in your Health Care Proxy. Pick someone who will honor your wishes under pressure.
Agent under your Power of Attorney, and an alternate
Manages your finances if you cannot. This can be the same person as your executor, or different.
Guardian for minor children, and an alternate If you have minor children
Named in your will. Without this, a judge decides who raises your children. Consider naming a separate person to manage their money.
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Information to Gather
Bring this to your consultationReal estate: addresses, how each is titled, approximate values, and mortgages
Bank, investment, and retirement accounts: institutions and approximate balances
Note which accounts are IRAs or 401(k)s. These pass by beneficiary designation, not by your will.
Life insurance policies: company, type, and death benefit
Business interests: ownership percentage and any existing agreements
Vehicles, valuables, and personal property of significant value
Debts and liabilities: mortgages, loans, lines of credit
Digital assets: online accounts, crypto, photos, and where passwords are kept
Make sure your executor can actually find and access these. A password manager with an emergency contact helps.
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Beneficiaries & Titling Review
The most overlooked stepReview beneficiary designations on retirement accounts and life insurance
These override your will. An outdated designation, naming an ex-spouse for example, is one of the most common and costly mistakes.
Name contingent (backup) beneficiaries, not just primary ones
Confirm how each major asset is titled (individual, joint, trust)
Titling controls what passes through probate and what does not. It must match your overall plan.
Make sure no beneficiary designation contradicts your will or trust
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Special Situations to Discuss
Flag any that apply to youA trust to hold a minor child’s inheritance until they are mature enough
Without one, children receive everything outright at 18.
A loved one with special needs receiving government benefits
A Special Needs Trust protects the inheritance without disqualifying them from SSI or MassHealth.
A blended family: children from a prior relationship
Needs careful structuring so both a surviving spouse and your own children are provided for.
An estate that may exceed the $2 million Massachusetts estate tax threshold
MA has no spousal portability, so structure matters. Credit-shelter trusts, gifting, and an ILIT can reduce the tax.
Concern about long-term care or nursing-home costs
Asset-protection planning works best 5+ years before care is needed.
A business or professional practice that needs a succession plan
Charitable goals you want your plan to support
Out-of-state property, or care for a pet after you are gone
Out-of-state real estate can trigger a second probate; a pet trust can provide for an animal’s care.
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After Your Documents Are Signed
A plan only works if it is finishedFund your trust: retitle your home and accounts into the trust’s name If you have a trust
An unfunded trust does not avoid probate. This step is essential and often missed.
Store your original documents somewhere safe, and findable
A fireproof safe or your attorney’s office. Avoid a bank safe deposit box that no one can open after death.
Tell your executor, trustee, and agents where the documents are
Give your Health Care Proxy and HIPAA forms to your doctor and family
Calendar a review every 3–5 years, or after any major life change
Marriage, divorce, a new child, a move, a death, or a big change in assets all warrant a review.