Personal Property Memorandum Requirements in Massachusetts

At a glance

Requirements one by one

Governing law and eligible property

G.L. c. 190B, § 2-513 recognizes a separate written statement or list for tangible personal property that the will does not otherwise specifically dispose of. Money is expressly excluded. The section does not name additional exclusions for business property, securities, title documents, evidences of debt, or titled vehicles, but the asset still must be tangible personal property.

Will reference

The testator's will must refer to the writing. It may describe a writing “to be in existence at the time of the testator's death,” so the list may be prepared after the will without executing a new will.

Signature required

The testator must sign the writing. Unlike statutes that provide handwriting and signature as alternatives, § 2-513 does not make an unsigned handwritten writing effective. The section states no date, signature-placement, witness, or notarization requirement for the writing.

Item and devisee identification

The writing must describe both the items and the devisees with reasonable certainty. The statute does not prescribe serial numbers, addresses, relationships, estimated values, or alternate recipients as universal fields.

Timing and later changes

The writing may be prepared before or after will execution, may be altered after preparation, and may have no significance apart from its effect on the will's dispositions. An altered writing must still be signed and reasonably certain. Section 2-513 does not state a date requirement or a rule that the newest of multiple writings automatically controls.

What trips people up

The list cannot displace a specific gift already made unconditionally by the will. Section 2-513 reaches only tangible personal property “not otherwise specifically disposed of by the will.” A conflict clause placed only in the list cannot by itself rewrite the will's specific gift.

An unsigned handwritten writing is not enough. The operative writing must be signed by the testator; Massachusetts does not retain the handwriting-or- signature alternative used in many other states.

Common questions

Must the writing be dated?

No date requirement appears in § 2-513.

Must it be witnessed or notarized?

No. The section requires the testator's signature but states no witness or notary condition for the list.

Can it be prepared after the will?

Yes. The will may refer to a writing to exist at death, and the writing may be prepared before or after will execution.

Does handwriting replace the signature?

No. Section 2-513 says the writing “shall be signed by the testator”; it does not offer handwriting as a separate route.

Statutes and sources

• G.L. c. 190B, § 2-513 — complete current rule for eligible property, will reference, required signature, reasonable-certainty identification, timing, alteration, independent significance, and admissibility. Massachusetts Trial Court Law Libraries: https://www.mass.gov/info-details/mass-general-laws-c190b-ss-2-513 (accessed 2026-08-11).