Revocable Living Trusts in Massachusetts
How revocable living trusts work under Massachusetts law and the other ways to pass property without probate.
Short answer: Massachusetts adopted the Uniform Trust Code (M.G.L. c. 203E). A trust is created only if the settlor has capacity, shows an intent to create it, names a definite beneficiary (or it is a charitable, animal or permitted purpose trust), the trustee has duties, and the same person is not… M.G.L. c. 203E, §§ 402, 602
| Revocable living trust | Massachusetts adopted the Uniform Trust Code (M.G.L. c. 203E). A trust is created only if the settlor has capacity, shows an intent to create it, names a definite beneficiary (or it is a charitable, animal or permitted purpose trust), the trustee has duties, and the same person is not sole trustee and sole beneficiary. Unless the trust expressly says it is irrevocable, the settlor may revoke or amend it, by the method in the trust or, if none is provided, by any method showing clear and convincing evidence of intent. An agent under a power of attorney can revoke or amend only if both the trust and the power expressly allow it. Only property titled in the trust avoids probate. Source: M.G.L. c. 203E, §§ 402, 602 |
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| Ways to avoid probate | Options include a revocable living trust (M.G.L. c. 203E, § 602) and, for small estates, 'voluntary administration': if the estate is entirely personal property, consisting of a motor vehicle plus other personal property worth no more than $25,000, an interested person may file a sworn statement with the court 30 days after death and act as voluntary personal representative to collect and distribute the assets without a full probate (M.G.L. c. 190B, § 3-1201). |
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FAQ
How do living trusts work in Massachusetts?
Massachusetts adopted the Uniform Trust Code (M.G.L. c. 203E). A trust is created only if the settlor has capacity, shows an intent to create it, names a definite beneficiary (or it is a charitable, animal or permitted purpose trust), the trustee has duties, and the same person is not sole trustee and sole beneficiary. Unless the trust expressly says it is irrevocable, the settlor may revoke or amend it, by the method in the trust or, if none is provided, by any method showing clear and convincing evidence of intent. An agent under a power of attorney can revoke or amend only if both the trust and the power expressly allow it. Only property titled in the trust avoids probate.
How can you avoid probate in Massachusetts?
Options include a revocable living trust (M.G.L. c. 203E, § 602) and, for small estates, 'voluntary administration': if the estate is entirely personal property, consisting of a motor vehicle plus other personal property worth no more than $25,000, an interested person may file a sworn statement with the court 30 days after death and act as voluntary personal representative to collect and distribute the assets without a full probate (M.G.L. c. 190B, § 3-1201).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.