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Short answer: If a will is not executed according to Massachusetts formalities — for example, the testator did not sign it in the required way or the required witnesses did not sign — the Probate Court will generally refuse to admit that document for probate. When that happens, the estate is typically administered under intestacy rules (or under an earlier valid will, if one exists), a personal representative is appointed, and distribution, creditor claims, and surviving spouse rights are resolved under Massachusetts law.

Why formal signing matters in Massachusetts

Massachusetts requires that a valid will be executed in the manner set out by state law. The usual requirements include that the testator sign the will (or the testator’s signature be made in the testator’s presence and by the testator’s direction) and that the signature be witnessed by the required number of competent witnesses. These formalities exist to reduce fraud and to make sure the document accurately reflects the testator’s intent.

For the state’s general statutory framework on wills and probate, see the Massachusetts General Laws, Chapter 190: M.G.L. Chapter 190. For practical probate procedures and filings, see the Probate and Family Court information page: Massachusetts Probate and Family Court.

Typical consequences when a will is treated as invalid

• Refusal of probate: The probate court can refuse to admit the will if the formalities are not satisfied or if no sufficient evidence proves proper execution.
• Estate treated as intestate (by default): If no other valid will is available, the estate will be administered under Massachusetts intestacy rules. That means property passes by statute to spouses, children, parents, or other relatives depending on who survives the decedent.
• Appointment of an administrator: Instead of the executor named in the invalid will, the court appoints a personal representative (administrator) to manage and distribute the estate according to intestacy or an earlier valid will.
• Potential earlier will admitted: If the decedent left an earlier validly executed will, the court may admit that earlier instrument instead.
• Creditor claims and expenses: Creditors still have the right to present claims. Administrative costs, taxes, and debts are paid before heirs receive distributions under intestacy or the admitted will.
• Family and spousal protections: Statutory protections (for example, allowances for a surviving spouse, homestead, or family allowance) may apply even if the will fails.
• Contested proceedings and litigation: Disputes are common once a will is rejected — heirs or disappointed beneficiaries may litigate, which increases costs and lengthens the administration.

Ways a purportedly invalid will can still be considered

Even when a formal defect exists, Massachusetts law and court practice provide possible remedies or workarounds. These depend on the facts and the available evidence:

• Proof of actual execution: Witness testimony or other convincing evidence may establish that the decedent did sign and that witnesses were present even if the formalities were imperfectly memorialized on the document.
• Lost or destroyed wills: If a will was signed but lost or destroyed, a court petition to prove the contents by clear and convincing evidence may be possible. Courts will look for reliable secondary evidence of the will’s terms and execution.
• Earlier valid will: If an earlier will complies with execution rules and is available, the court may admit that instrument instead of the defective later document.
• Reformation or equitable relief: In narrow circumstances a court may grant relief (for example, to correct a drafting error that misstates the testator’s intent), but such remedies are fact-specific and not guaranteed.

Practical consequences for heirs, beneficiaries, and named executors

• Beneficiaries named only in the invalid will will generally not receive gifts from the estate unless another valid will supports the gift or the court admits the defective document using admissible evidence.
• A person named as executor in the invalid will has no automatic authority; the court will appoint a personal representative under intestacy rules or under the terms of any valid earlier will.
• Surviving spouses and minor children should be aware of statutory protections (family allowance, homestead exemption) that can provide immediate relief even when a will fails.

How the probate process typically changes when a will is invalid

Instead of filing to admit the will and having an executor take immediate control, a petitioner will often file for appointment as administrator (intestate administration). The court will give notice to potential heirs and creditors, handle claims, and distribute assets according to statutory order of intestate succession unless a valid will is later admitted.

Helpful statutory and court resources

• Massachusetts General Laws, Chapter 190 (Wills and collateral probate matters): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter190
• Massachusetts Probate and Family Court (local filing rules, forms, contact): https://www.mass.gov/orgs/probate-and-family-court