🍁 How to Set Up a Trust in Massachusetts (2025 Guide)

Many Massachusetts families are turning to Revocable Living Trusts to avoid probate court, protect their assets, and preserve privacy. If you're looking to create a legal trust in Massachusetts without paying thousands in attorney fees, this simple guide is for you.

10/21/20252 min read

🍁 How to Set Up a Trust in Massachusetts (2025 Guide)

Many Massachusetts families are turning to Revocable Living Trusts to avoid probate court, protect their assets, and preserve privacy.

If you're looking to create a legal trust in Massachusetts without paying thousands in attorney fees, this simple guide is for you.

πŸ” What Is a Trust?

A trust is a legal agreement where you (the grantor) transfer ownership of your assets into a structure managed by a trustee, for the benefit of your beneficiaries.

The most common trust in MA is the Revocable Living Trust, which:

  • Avoids probate court in Massachusetts

  • Keeps your estate private

  • Allows you to maintain control while you’re alive

  • Automatically passes your assets to heirs

  • Helps in case of incapacity or illness

πŸ“ How to Set Up a Trust in Massachusetts

1. Choose the Right Trust Type

☐ Revocable Living Trust (Most Popular)
☐ Optional Add-ons:

  • Minor’s Trust

  • Special Needs Trust

  • Spendthrift Provision

  • Dynasty/Legacy Provision

βœ… TrustGenie includes these in one bundled membership.

2. Assign the Required Roles

☐ Grantor – You, the person creating the trust
☐ Trustee – Manages the trust (can be you)
☐ Successor Trustee – Takes over upon death or incapacity
☐ Beneficiaries – Those who will inherit
☐ Backup Beneficiaries – In case something changes

3. List and Organize Your Assets

Include:

  • Massachusetts real estate (house, condo, land)

  • Bank accounts and investments

  • Vehicles and valuables

  • Business interests or LLCs

  • Digital assets (domains, crypto, etc.)

βœ… TrustGenie gives you a Schedule A and General Assignment Form for this step.

4. Execute the Trust Document

Massachusetts does not require witnesses, but notarization is required for full validity.

☐ Review and sign your trust
☐ Notarize it with a Massachusetts notary
☐ Store it safely
☐ Provide access to your Successor Trustee

βœ… TrustGenie provides signing instructions and sample formats.

5. Fund Your Trust (Do NOT Skip This)

Most people forget to fund the trust β€” and it’s a critical mistake.

☐ File a new Quitclaim or Warranty Deed to transfer MA real estate
☐ Retitle bank and investment accounts into the trust
☐ Assign valuables and personal property
☐ Update beneficiary designations (optional)

🚨 If the trust is unfunded, it won’t avoid probate.

⚠️ Common Mistakes in Massachusetts

❌ Not funding the trust
❌ Not using MA-specific language or deed formatting
❌ Forgetting to include out-of-state assets
❌ Skipping the minor’s or special needs provisions
❌ Leaving Successor Trustee uninformed

πŸ’° How Much Does a Trust Cost in Massachusetts?

Method Cost Range Attorney$2,500 – $6,000+ Online Template$100 – $400 TrustGenie$150/year (all-in)

βœ… TrustGenie includes all MA legal forms, MA deed templates, trust funding walkthroughs, and support.

🧠 Do You Need a Lawyer to Make a Trust in MA?

No. In Massachusetts, any mentally competent adult can create a legal trust that:

  • Is in writing

  • Names a trustee and beneficiaries

  • Is signed and preferably notarized

  • Is funded with assets

βœ… TrustGenie helps you do this legally and affordably β€” no lawyer needed.

πŸ“Ž Free Download: Massachusetts Trust Checklist

Want a step-by-step checklist you can print or follow?

πŸ“₯ [Plain Text MA Checklist Available] – Just ask and I’ll drop it next.

βœ… Ready to Protect Your Legacy?

Hundreds of Massachusetts families use TrustGenie to avoid probate, maintain control, and pass down their legacy β€” without expensive lawyers.

πŸ‘‰ [Create Your Massachusetts Trust – $150/year]

πŸ”— Related Articles:

  • [Avoiding Probate in Massachusetts]

  • [How to Transfer Your Home into a Trust in MA]

  • [What Happens If You Die Without a Trust in MA?]

✍️ Written by:
TrustGenie Legal Team
Helping Bay State families build bulletproof estate plans without the lawyer price tag.