The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.Massachusetts has a state income tax, structured in two parts. There is a flat tax on income of 5% and an additional surtax of 4% on income exceeding $1,083,150 (as indexed for 2025).
Massachusetts does not impose an inheritance tax.
Massachusetts imposes an estate tax equal to the maximum credit permitted for paid state estate and inheritance taxes under the federal tax code in effect on December 31, 2000.
The exemption is equal to $2,000,000 and the top tax rate is 16%.
Massachusetts imposes a GST tax equal to the maximum credit allowed under IRC Sec. 2604 for paid state GST tax. However, the current federal tax code does not permit a credit for paid state GST tax. Therefore, there is no current GST tax.
Massachusetts does not impose a gift tax.
The minimum age of a person competent to make a will is 18.
The number of witnesses necessary to execute a will is two.
The original custodial gift may be a life insurance policy or annuity contract.
Custodial property may be invested in or used to pay premiums on (1) a policy on the minor's life if the minor's estate is the sole beneficiary, or (2) a policy on a third party in whom the minor has an insurable interest, if the minor or the custodian is the irrevocable beneficiary.
The custodial arrangement terminates when:
The minor child reaches age 21 for custodial transfers made by irrevocable lifetime gift, will, or trust, or exercise of power of appointment.
The minor child reaches age 18 for other custodial transfers.
The minor child dies.
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Each state describes its own distribution pattern of how property passes to a decedent's spouse, children, parents and siblings. If no such individuals are living, state laws specify other takers among more distant ancestors before awarding property to the state through "escheat" provisions. We do not trace devolution of property beyond those noted above, but cite appropriate statutes for those interested in additional detail.
Many states refer to their distribution regime by simply stating that the heirs of predeceased individuals take "by representation." We use only the statutory verbiage, but may cite other statutory guidance when it exists.
States vary in the way they refer to descendants, using such terms as "issue" or simply children or grandchildren. We use the term "descendant," unless usage of different term adds clarity.
Some states address situations where misconduct or abuse causes forfeiture of a right to receive a share of the estate. Those interested in this information should see the state statutes.
The estate goes to the surviving spouse, as follows:
If there are no surviving descendants or parents—100% of the estate
If all descendants are also descendants of the spouse and the spouse has no other surviving descendants—100% of the estate
If one or both parents survive but there are no surviving descendants—$200,000 plus 75% of the balance of the estate
If all descendants are also descendants of the spouse and the spouse has at least one surviving descendant that is not a descendant of the decedent—$100,000 plus 50% of the balance of the estate
If one or more surviving descendants are not also descendants of the surviving spouse—$100,000 plus 50% of the balance of the estate
If there is no surviving spouse, or if a portion of the estate does not go to the spouse:
100% to descendants, per capita at each generation (see Mass. Gen. Laws ch. 190B, §2‐106)
If there is no surviving spouse or descendant:
100% to surviving parent or parents equally
If there is no surviving spouse, descendant or parent:
100% to descendants of the decedent's parents (or descendants of either parent), per capita at each generation (see Mass. Gen. Laws ch. 190B, §2‐106)
If none of the above:
Intestacy laws outline further distribution steps to the level of "next of kin" and related individuals. See Mass. Gen. Laws ch. 190B, §2‐103(4).
If no legally described recipient can be found, estate assets go to the Commonwealth of Massachusetts.
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Non-qualified Annuities: No exemption.
Life Insurance Proceeds: Exempt from the creditors of the original owner if the beneficiary is someone other than the person who effected the policy. Exempt from the creditors of the beneficiary if the beneficiary is the wife of the insured.
Digital Assets: Massachusetts does not automatically grant access to digital assets to executors or personal representatives of estates. Account owners must leave instructions and account information in order to grant fiduciaries access to digital assets. Massachusetts has introduced but not yet passed an act for uniform fiduciary access to digital assets.
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